Supreme Court of India · 1998-03-16
UNION OF INDIA vs PARASMAL RAMPURIA
- Citation / case number
- SC 1997/13700
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- PARASMAL RAMPURIA
- Author
- MAJMUDAR
- Bench
- S.P. KURDUKAR S.B. MAJMUDAR
Judgment text excerpt
The Supreme Court addressed the validity of a detention order under Section 3(1) of the COFEPOSA Act, which had not been executed due to interim relief granted by the High Court. The Court held that the respondent must first surrender before the detention order can be challenged on merits, as per Article 22(5) of the Constitution of India. The Court vacated all interim relief orders and directed the respondent to surrender, allowing for the amendment of the writ petition post-surrender to contest the detention order's legality.