Ranbir Singh Vs. T. George Joseph, District Magistrate, Meerut and anr.

Ranbir Singh vs T. George Joseph, District Magistrate, Meerut and anr.

Type Court Judgment Court Supreme Court of India Decided Dec 17, 1987

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Citation: sooperkanoon.com/841444
Court: Supreme Court of India
Judge: A.P. Sen and; L.M. Sharma, JJ.
Decided On: Dec 17, 1987
Case Number: Writ Petition (Criminal) No. 681 of 1987
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

- [A.P. Sen and; L.M. Sharma, JJ.] - National Security Act, 1980 - Sections 3(3)(, 3(4) -- In view of this, the impugned order of detention has already elapsed and the continued detention of the detenu, Narendra alias Babu, son of Shri Ram Nath Tyagi is illegal.

Key legal issue: Criminal
Acts & sections: National Security Act, 1980 - Sections 3(3)(, 3(4)

Parties & Advocates

Appellant / Petitioner

Ranbir Singh

Respondent

T. George Joseph, District Magistrate, Meerut and anr.

Legal References

Acts: National Security Act, 1980 - Sections 3(3)(, 3(4)
Reported In: 1988Supp(1)SCC425; 1988CRLR765; 1988SC(Cri)855

Excerpt

- [a.p. sen and; l.m. sharma, jj.] - national security act, 1980 - sections 3(3)(, 3(4) -- in view of this, the impugned order of detention has already elapsed and the continued detention of the detenu, narendra alias babu, son of shri ram nath tyagi is illegal.a.p. sen and; l.m. sharma, jj.1. the only contention advanced in this writ petition is that there was failure on the part of the state government to confirm the impugned order of detention passed by the district magistrate, meerut under section 3(3) of the national security act, 1980, within a period of fifteen days as enjoined by proviso to section 3(4) of the act. the contention must in our opinion prevail2. it appears from the counter-affidavit that the impugned order of detention was passed by the district magistrate on september 11, 1987 and it was confirmed by the state government on october 21, 1987 that is beyond the period of fifteen days as provided by the proviso to section 3(4) of the act. in view of this, the impugned order of detention has already elapsed and the continued detention of the detenu, narendra alias babu, son of shri ram nath tyagi is illegal. we, accordingly allow the writ petition and direct the release of the detenu forthwith.

Full Judgment

A.P. Sen and; L.M. Sharma, JJ.

1. The only contention advanced in this writ petition is that there was failure on the part of the State Government to confirm the impugned order of detention passed by the District Magistrate, Meerut under Section 3(3) of the National Security Act, 1980, within a period of fifteen days as enjoined by proviso to Section 3(4) of the Act. The contention must in our opinion prevail

2. It appears from the counter-affidavit that the impugned order of detention was passed by the District Magistrate on September 11, 1987 and it was confirmed by the State Government on October 21, 1987 that is beyond the period of fifteen days as provided by the proviso to Section 3(4) of the Act. In view of this, the impugned order of detention has already elapsed and the continued detention of the detenu, Narendra alias Babu, son of Shri Ram Nath Tyagi is illegal. We, accordingly allow the writ petition and direct the release of the detenu forthwith.

Same Court & Year Supreme Court of India · 1987 Same Parties Ranbir Singh vs T. George Joseph, District Magistrate, Meerut... Same Subject Criminal Same Judge A.P. Sen and; L.M. Sharma, JJ. Acts & Sections National Security Act, 1980 - Sections 3(3)(, 3(4)

Criminal