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Supreme Court of India

Subhash Popatlal Dave v. Union of India and Anr.

Neutral citation
Reported as [2012] 7 S.C.R. 61
Bench Altamas Kabir, Gyan Sudha Misra and J. Chelameswar JJ.
Decided 10 July 2012

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.

What the Court ordered

We are of the view that the right of a detenu to challenge his detention at the pre- E execution stage on grounds other than those set out in paragraph 30 of the judgment in Alka Subhash Gadia's case (supra), requires further examination.

Judgment, page 29

From the headnote

Preventive Detention - Detention order - Right of a detenu to be provided with the grounds of detention prior to his arrest - Enactment of RT/ Act - Effect - Whether under the RT/ Act, a detenu is entitled, in assertion of his human rights, to receive the grounds under which he is to be detained, even before his detention, at the pre-execution stage - Held: Notwithstanding the provisions of the RT/ Act, the State is not under any obligation to provide the grounds of detention to a detenu prior to his arrest and detention - The provisions of the Constitution prevail over any enactment of the

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