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november 2008

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.

UNION OF INDIA vs ATAM PARKASH · Niyam