Supreme Court of India · 2008-11-25
UNION OF INDIA vs ATAM PARKASH
- Citation / case number
- SC 2006/11233
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- ATAM PARKASH
- Author
- ARIJIT PASAYAT
- Bench
- ARIJIT PASAYAT,MUKUNDAKAM SHARMA, , ,
Judgment text excerpt
The Supreme Court addressed the legality of a detention order under Articles 226 and 32 of the Constitution of India, emphasizing that courts can intervene pre-execution only if the order is not made under the relevant Act, is directed at the wrong person, is for an improper purpose, is based on vague grounds, or is issued by an unauthorized authority. The Court found that the Punjab and Haryana High Court's decision to quash the detention order dated 10.5.1993 was flawed as it allowed for the possibility of a fresh order despite declaring the original order infructuous. The appeal was allowed, reinforcing the principles established in prior cases regarding judicial review of detention orders.