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march 1998

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.

UNION OF INDIA vs PARASMAL RAMPURIA · Niyam