Supreme Court of India
Additional Secretary to the Government of India and Ors. v. Smt. Alka Subhash Gadia and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that both the orders of the High Court directing the appellants to furnish to the detenu or to the first respondent or her counsel the order of detention, the grounds of detention and the documents supporting them as well as the contempt notice of 30th June, 1989 are clearly illegal and unjustified and they are hereby quashed.
Judgment, page 31
From the headnote
Constitution of India, 1950: Articles 14, 19, 21 and 22-Liberty of a person-Deprival of-Whether permissible without apprising grounds of arrest-Whether State required to disclose facts in advance. Articles 32 and 226--Jurisdictionary powers of judicial review Whether Courts could refuse to exercise-Non-interference with the termination order at pre-execution stage-Whether amounts to aban donment of power and denial to the proposed detenu remedy of judicial review and right to challenge the order. Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: Section 3(
Authorities it was built on
Where later benches applied it
- 2022 State of Andhra Pradesh (now State of Telangana) v. A. P. State Wakf Board & Ors.
- 2013 Subhash Popatlal Dave v. Union of India & Anr.
- 2012 Dropti Devi & Anr. v. Union of India & Ors.
- 2012 Subhash Popatlal Dave v. Union of India and Anr.
Of those, 3 referred to · 1 explained
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