Supreme Court · 2021 INSC 295 · Decided 12 May 2021
Gautam Navlakha v. National Investigation Agency
- Court
- Supreme Court of India
- Citation
- 2021 INSC 295 · [2021] 5 S.C.R. 87
- Case number
- CRIMINAL APPEAL No. 510/2021
- Decided
- 12 May 2021
- Bench
- UDAY UMESH LALIT, K.M. JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 167, 437, 439, 428; Evidence Act Section 27; Constitution Article 21; UAPA Section 43(D)(5)
Headnote
Constitution of India: Art.21 - House arrest - When a citizen is placed on house arrest, which has the effect of depriving him of any freedom, it will not only be custody but it would involve depriving him of the fundamental freedoms unless such freedoms are specifically protected undergoing a house arrest and in the teeth of an absolute prohibition, in the facts of the case forbidding him from moving outside his home, the hallmark of custody described in the case of incarceration is equally present - The right under Art.21 is undoubtedly available to citizens
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