Supreme Court of India
Sarabjeet Singh Mokha v. The District Magistrate, Jabalpur & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We hold that the failure of the Central and the State Government to communicate the rejection of the appel lant’s representation in a time-bound manner is sufficient to vitiate the order of detention. 56 (2016) 3 SCC 437 SARABJEET SINGH MOKHA v.
Judgment, page 42
From the headnote
Constitution of India: Art.22(5) – Preventive deten tion – Protection to undertrials and detainees – Held: Art.22(5) mandates that (i) the authority making the order shall “as soo n as may be” communicate the grounds on which the order has been made to the person detained; and (ii) the detaining authority shall affor d to the person detained “the earliest opportunity of making a represen tation against the order” – Both these procedural requirements are mutually reinforcing – The communication, as soon as may be, of th e grounds of detention is intended to inform the detenu of the basis on
Authorities it was built on
- 1977 Mohinder Singh Gill & Anr. v. The Chief Election Commissioner, New Delhi & Ors.
- 1974 Haradhan Saha & Another v. The State Of. West Bengal & Ors.
- 1980 Frances Coralie Mullin v. W. C. Khambra & Ors.
- 1991 K.M. Abdulla Kunhi and B.L. Abdul Khader v. Union of India and Ors., State of Karnataka and Ors.
- 1984 Vijay Narain Singh v. State of Bihar & Ors
- 2007 Rajendra Singh v. State of U.P. and Anr.
- 1969 Jayanarayan Sukul v. State of West Bengal
- 2017 Sama Aruna v. State of Telangana and Anr.
- 2012 Yumman Ongbi Lembi Leima v. State of Manipur & Ors.
- 1989 Shafiq Ahmad v. District Magistrate, Meerut & Ors.
- 2010 Smt. Pebam Ningol Miko Devi v. State of Manipur and Ors.
- 1989 State of Punjab v. Sukhpal Singh
- 1981 Harish Pahwa v. State of Uttar Pradesh & Ors.
- 1987 Mohinuddin @ Moin Master v. District Magistrate, Beed & Ors.
- 2020 Ankit Ashok Jalan v. Union of India and Ors.
- 2016 Union of India & Ors. v. Saleena
- 1964 Biren Duita and Others v. Chief Commissioner of Tripura and Another
- 1963 Rameshwar Shaw v. District Magistrate, Burdwan & Anr.
- 2014 The Secretary to Government, Public (law and Order-f) and Another. v. Nabila and Another.
- 1987 Subhash Bhandari & Anr. Etc. v. District Magistrate, Lucknow & Ors.
- 1992 David Patrick Ward and Anr. v. Union of India and Ors.
- 2020 Ghanshyam Upadhyay v. State of U.P. & Ors.
Where later benches applied it
Of those, 1 mentioned
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