Supreme Court of India
Gautam Navlakha v. National Investigation Agency
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that irrespective of facts which otherwise justified including the period of jail custody as part of the custody under one Section 167, it wil l not be reckoned it may produce anomalous and unjust results.
Judgment, page 91
From the headnote
Constitution of India: Art.21 – House arrest – When a citizen is placed on house arrest, which has the effect of depriv ing him of any freedom, it will not only be custody but it would involve depriving him of the fundamental freedoms unless such freedom s are specifically protected – In the case of a person undergoing a house arrest and in the teeth of an absolute prohibition, in the fa cts of the case forbidding him from moving outside his home, the hall mark of custody described in the case of incarceration is equa lly present – The right under Art.21 is undoubtedly available to citizens
Authorities it was built on
- 1978 Maneka Gandhi v. Union of India
- 2013 Lalita Kumari v. Govt. of U.P. and Ors.
- 2014 Arnesh Kumar v. State of Bihar & Anr.
- 1980 Niranjan Singh & Anr. v. Prabhakar Rajaram Kharote & Ors.
- 1981 A. K. Roy, Etc. v. Union of India and Anr.
- 1992 Central Bureau of Investigation, Special Investigation Cell-i, New Delhi v. Anupam J. Kulkarni
- 2018 Romila Thapar and Ors. v. Union of India and Ors.
- 2012 Manubhai Ratilal Patel Tr. Ushaben v. State of Gujarat & Ors.
- 1968 In the Matter of Madhu Limaye & Ors. v. No Respondent
- 1986 Chaganti Satyanarayan & Ors. v. State of Andhra Pradesh
- 2014 Saurabh Kumar through His Father v. Jailor, Koneila Jail & Anr.
- 2018 The State of Maharashtra & Ors. v. Tasneem Rizwan Siddiquee
- 2019 Serious Fraud Investigation Office v. Rahul Modi and Anr. Etc.
- 2004 State Rep. by Inspector of Police and Ors. v. N.M.T. Joy Immaculate
- 1987 Ajmer Singh Etc. Etc. v. Union of India & Ors.
- 2007 State of West Bengal v. Dinesh Dalmia
- 1977 Govt. of Andhra Pradesh & Anr. Etc. v. Anne Venkatesware Etc. Etc.
Where later benches applied it
- 2025 Kasireddy Upender Reddy v. State of Andhra Pradesh and Ors.
- 2023 Enforcement Directorate, Government of India v. Kapil Wadhawan & Anr. Etc
Of those, 2 mentioned
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