Supreme Court of India

Union of India and Anr. v. Harish Kumar

Neutral citation
Reported as [2007] 3 S.C.R. 994
Bench H.K. Sema and B. Sudershan Reddy JJ.
Decided 14 March 2007

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

For the aforesaid reasons we are of the view that the High Court .. committed grave e1rnr in quashing the order of detention dated 14.6.2002.

Judgment, page 9

From the headnote

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974--s. 3 (J)-Detention under-Writ Petition-Allowed by c High Court-On the ground that non-consideration of representation of the detenue, vitiated the detention order being violative of Article 22(5) of the Constitution-No order of release as the period of detention already over- On appeal, held: Detenue has the right to make representation to Central Government and its expeditious disposal under Article 22(5)-Thefailure on the part of Central Government to consider the representation does not render the detention

Authorities it was built on

Where later benches applied it

Of those, 1 referred to

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