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.