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august 2001

Supreme Court of India · 2001-08-02

K.C. SAREEN vs C.B.I. TH. DIRECTOR, CHANDIGARH

Citation / case number
SC 2001/8276
Court
Supreme Court of India
Petitioner
K.C. SAREEN
Respondent
C.B.I. TH. DIRECTOR, CHANDIGARH
Author
S.N. VARIAVA K.T. THOMAS
Bench
S.N. VARIAVA K.T. THOMAS

Judgment text excerpt

The Supreme Court held that the order of detention under Section 3(2) of the National Security Act, 1980 was improperly quashed by the Delhi High Court due to the lack of independent consideration of the detenu's representation by the Lt. Governor. The Court emphasized that the Lt. Governor must evaluate the representation independently, rather than relying solely on the Advisory Board's report. Consequently, the Supreme Court set aside the High Court's judgment and upheld the detention order, affirming the necessity of independent review in such cases.

K.C. SAREEN vs C.B.I. TH. DIRECTOR, CHANDIGARH · Niyam