Supreme Court · 2012 INSC 276 · Decided 10 July 2012
Subhash Popatlal Dave v. Union of India and ANR.
- Court
- Supreme Court of India
- Citation
- 2012 INSC 276 · [2012] 7 S.C.R. 61
- Case number
- WRIT TO PETITION (CIVIL)... No. 137/2011
- Decided
- 10 July 2012
- Bench
- ALTAMAS KABIR, GYAN SUDHA MISRA, JASTI CHELAMESWAR (3-judge bench)
- Outcome
- Hearing Adjourned
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 22, 22(5), 32, 226; RTI Act Section 3
Headnote
A B Preventive Detention - Detention order - Right of a detenu to be provided with the grounds of detention prior to his arrest - Enactment of RT/ Act - Effect - Whether under the RT/ Act, C a detenu is entitled, in assertion of his human rights, to receive the grounds under which he is to his detention, at the pre-execution stage - Held: Notwithstanding the provisions of the RT/ Act, the State is not under any obligation to provide the grounds of detention to a detenu prior D to his arrest and detention - The provisions of the Constitution prevail over any enactment of the
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