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july 2013

Supreme Court of India · 2013-07-02

ANIL KUMAR MAHAJAN vs UOI,SECRETARY,DEPARTMENT OF PERSONNEL

Citation / case number
SC 2010/19059
Court
Supreme Court of India
Petitioner
ANIL KUMAR MAHAJAN
Respondent
UOI,SECRETARY,DEPARTMENT OF PERSONNEL
Author
SUDHANSU JYOTI MUKHOPADHAYA
Bench
SUDHANSU JYOTI MUKHOPADHAYA G.S. SINGHVI

Judgment text excerpt

The Supreme Court held that the High Court erred in allowing the withdrawal of a petition filed by the appellant, who was allegedly insane, without determining his mental capacity. The Court emphasized that a lawyer cannot act on behalf of an insane person without proper representation. The appeal was allowed, and the matter was remanded for reconsideration, ensuring that the appellant's rights are protected under Article 21 of the Constitution.

ANIL KUMAR MAHAJAN vs UOI,SECRETARY,DEPARTMENT OF PERSONNEL · Niyam