Supreme Court of India · 2000-12-12
R. KESHAVA vs M.B. PRAKASH .
- Citation / case number
- SC 2000/14674
- Court
- Supreme Court of India
- Petitioner
- R. KESHAVA
- Respondent
- M.B. PRAKASH .
- Author
- U C BANERJEE,R P SETHI,K.T.THOMAS
- Bench
- U C BANERJEE,R P SETHI,K.T.THOMAS
Judgment text excerpt
The Supreme Court held that the preventive detention of A. Maheshraj under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Act was unconstitutional due to the failure of the Advisory Board to transmit the detenue's representation to the appropriate government for consideration, violating Article 22(5) of the Constitution. The Court distinguished the facts from the precedent in Jasbir Singh v. Lt. Governor, Delhi & Anr. and quashed the detention order, emphasizing the obligation of the government to consider representations made by the detenue.