Supreme Court of India · 1995-04-17
KAMLESHKUMAR ISHWARDAS PATEL vs UNION OF INDIA
- Citation / case number
- SC 1994/15660
- Court
- Supreme Court of India
- Petitioner
- KAMLESHKUMAR ISHWARDAS PATEL
- Respondent
- UNION OF INDIA
- Author
- AHMADI A.M. (),AGRAWAL, S.C. ,BHARUCHA S.P. ,PARIPOORNAN, K.S.,MANOHAR SUJATA V.
- Bench
- AHMADI A.M. (CJ),AGRAWAL, S.C. ,BHARUCHA S.P. ,PARIPOORNAN, K.S.,MANOHAR SUJATA V.
Judgment text excerpt
The Supreme Court held that under Article 22(5) of the Constitution, an officer empowered to issue preventive detention orders must consider representations made by the detenu. The Court distinguished between previous rulings, affirming that the officer who issues the detention order has a duty to consider such representations, contrary to earlier decisions suggesting otherwise. The judgment clarifies the obligations imposed on authorities under preventive detention laws, emphasizing the fundamental rights of the detained individuals.