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july 2001

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.

Union Of India & Ors vs Manish Bahal @ Nishu · Niyam