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december 2000

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.

R. KESHAVA vs M.B. PRAKASH . · Niyam