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april 2007

Supreme Court of India · 2007-04-12

UNION OF INDIA vs YUMNAM ANAND M.@ BOCHA @ KORA @SURAJ&ANR

Citation / case number
SC 2006/23711
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
YUMNAM ANAND M.@ BOCHA @ KORA @SURAJ&ANR
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & LOKESHWAR SINGH PANTA

Judgment text excerpt

The Supreme Court held that the delay in disposing of the representation made by the detenu under Article 22(5) of the Constitution is critical, as it mandates prompt consideration of such representations. The Court found that the High Court's decision to quash the detention order was justified due to unexplained delays, emphasizing that personal liberty under Article 21 is paramount. The Court reiterated that the detaining authority must adhere strictly to procedural safeguards, and failure to do so invalidates the detention order.

UNION OF INDIA vs YUMNAM ANAND M.@ BOCHA @ KORA @SURAJ&ANR · Niyam