Supreme Court of India · 2001-07-09
Union Of India & Ors vs Manish Bahal @ Nishu
- Citation / case number
- AIR 2001 SUPREME COURT 2685
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Manish Bahal @ Nishu
- Author
- D.P. Mohapatra
- Bench
- Ruma Pal, D.P. Mohapatra
Judgment text excerpt
The Supreme Court upheld the Delhi High Court's decision to quash the detention order under Section 3(2) of the National Security Act, 1980, on the grounds that the Lt. Governor failed to independently consider the detenu's representation against the detention. The Court emphasized that the Lt. Governor's reliance on the Advisory Board's report without independent evaluation violated the procedural safeguards established under the Act. Consequently, the Court affirmed the High Court's directive for the immediate release of the respondent unless required in connection with another case.