Supreme Court of India · 1999-03-31
MANJU RAMESH NAHAR vs U.O.I.
- Citation / case number
- SC 1999/2690
- Court
- Supreme Court of India
- Petitioner
- MANJU RAMESH NAHAR
- Respondent
- U.O.I.
- Author
- Saghir Ahmad
- Bench
- R.P. SETHI. S. SAGHIR AHMAD
Judgment text excerpt
The Supreme Court held that the order of detention under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was vitiated due to the unexplained delay in execution, which was executed over a year after issuance. The Court emphasized that individual liberty is a fundamental right under Article 21, and any preventive detention must be executed promptly to reflect the necessity of such action. The appeal against the Bombay High Court's dismissal of the writ petition was allowed, thereby quashing the detention order.