Supreme Court · 1981 INSC 203 · Decided 10 December 1981
Ashok Kumar Binny and Hansraj v. State of Jammu & Kashmir & Others
- Court
- Supreme Court of India
- Citation
- 1981 INSC 203 · [1982] 2 S.C.R. 142
- Case number
- WRIT PETITION (CRIMINAL) No. 8333/1981
- Decided
- 10 December 1981
- Bench
- R.S. PATHAK, E.S. VENKATARAMIAH (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 21, 32
Headnote
Jammu and Kashmir Public Safety Act 1978 Section 16( I) scope of. The petitioners were detained under the Jammu & Kashmir Public Safety Act 1978. Their cases were referred to the Advisory Board, which did not sub­ mit its report yet to the Government, although eight weeks from the date of argued that there was a violation of sub section (I) of Section 16 of the Public Safety Act and therefore, further detention of the petitioners was invalid. Accepting the petitions it was, HELD : (1) The petitioners enjoy a fundamental right under Article 21 of the Constitution not to be deprived
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