HARISH PAHWA Vs. STATE OF UTTAR PRADESH
LAWS(SC)-1981-3-75
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on March 18,1981

HARISH PAHWA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents


Cited Judgements :-

CHANGAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-1990-7-60] [REFERRED TO]
ASLAMBHAI ALIAS TUNDE HASUBHAI SHAIKH VS. COMMISSIONER OF POLICE AHMEDABAD [LAWS(GJH)-1986-6-9] [REFERRED]
DILAWAR GULABBHAI SHAIKH VS. COMMISSIONER OF POLICE AHMEDABAD [LAWS(GJH)-1993-11-3] [REFERRED TO]
SATISH VS. UNION OF INDIA [LAWS(ALL)-2006-9-13] [REFERRED TO]
AVNISH KUMAR BHADORIA VS. STATE OF U P [LAWS(ALL)-2009-3-141] [REFERRED TO]
AVNISH KUMAR BHADORIA VS. STATE OF U P [LAWS(ALL)-2009-3-141] [REFERRED TO]
EMPLOYER IN RELATION TO THE MANAGEMENT VS. UNION OF INDIA [LAWS(JHAR)-2008-10-14] [REFERRED TO]
ASHOK KUMAR LAHA VS. MAHENDRA PRASAD [LAWS(CAL)-1994-4-14] [REFERRED TO]
MAHENDRA ALIAS BABUWA DASHRATH CONTRACTOR VS. SATISH SAHNEY COMMISSIONER OF POLICE GREATER BOMBAY [LAWS(BOM)-1996-11-52] [REFERRED TO]
PRATAP JEEVANLAL JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-1985-11-3] [REFERRED TO]
CHANDRA SHEKHAR OJHA VS. A K KARNIK ASST SECRETARY HOME DEPARTMENT BOMBAY [LAWS(BOM)-1981-9-88] [REFERRED TO]
MOHAMMED ASLAM AZAD SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-3-14] [REFERRED TO]
NAEEM KANA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1987-9-4] [REFERRED TO]
SANGITA BALA JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2011-11-46] [REFERRED TO]
SAUD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2000-5-127] [REFERRED]
ANITA AJAY SHARMA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-1-327] [REFERRED TO]
MAHINDRA D MATHANI VS. C D SINGH SECRETARY TO THE GOVERNMENT OF MAHARASHTRA PREVENTIVE DETENTION [LAWS(BOM)-1996-6-60] [REFERRED TO]
BABULAL VILDARAM BISHNOI VS. REVA NAYYAR [LAWS(BOM)-1998-9-32] [REFERRED TO]
ASHWINI ASHOK MAHADIK VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-10-107] [REFERRED TO]
HARBHAJAN SINGH JAURA VS. UNION OF INDIA [LAWS(DLH)-1991-12-64] [REFERRED]
Jesintha Pandian VS. State of Tamilnadu [LAWS(MAD)-2005-6-46] [REFERRED TO]
SUDARSHAN KUMAR @ AMIT CHAUDHARY VS. UNION OF INDIA [LAWS(P&H)-1989-7-126] [REFERRED]
BALKAR SINGH VS. SECRETARY TO GOVERNMENT PUNJAB [LAWS(P&H)-1990-12-50] [REFERRED TO]
LUMBAR SINGH VS. UNION OF INDIA [LAWS(P&H)-1991-2-117] [REFERRED TO]
K CHELLIAH ALIAS SULLI VS. COMMISSIONER AND SECRETARY TO GOVERNMENT PROHIBITION AND EXCISE DEPARTMENT MADRAS [LAWS(MAD)-1988-2-25] [REFERRED TO]
MARZOOK RAHMAN VS. JOINT SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE NEW DELHI [LAWS(MAD)-1994-8-5] [REFERRED TO]
OMPRAKASH NEEMA VS. UNION OF INDIA [LAWS(MPH)-1992-5-5] [REFERRED TO]
VIMALA ALIAS SHILPA VS. STATE [LAWS(MAD)-2009-1-277] [REFERRED TO]
SRI GOURANGA @ GOURA JENA VS. THE STATE OF ORISSA AND ORS. [LAWS(ORI)-1985-8-35] [REFERRED TO]
ASLAM KHAN VS. UNION OF INDIA [LAWS(DLH)-1998-3-59] [REFERRED]
HAMZA NOZOGLU VS. UNION OF INDIA [LAWS(DLH)-1992-2-53] [REFERRED TO]
U P ABOOBACKER VS. UNION OF INDIA [LAWS(DLH)-1987-3-9] [REFERRED TO]
JOGINDER SINGH VS. UNION OF INDIA [LAWS(DLH)-1988-9-9] [REFERRED TO]
SHAKKIR AHMED VS. UNION OF INDIA [LAWS(DLH)-1988-9-53] [REFERRED]
T SASIDHARAN PILLAI VS. UNION OF INDIA [LAWS(DLH)-1990-9-36] [REFERRED 2.]
JAGMOHAN MOHAR SINGH VS. UNION OF INDIA [LAWS(DLH)-2001-7-165] [REFERRED 3.]
HOKUTO SEMA VS. UNION OF INDIA [LAWS(GAU)-1997-5-28] [REFERRED TO]
DHANESH SHANTILAL SHAH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2014-12-244] [REFERRED TO]
HIMANSHUDHAR VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1987-12-55] [REFERRED TO]
HARPAL SINGH YADAVA VS. SUPDT CENTRAL JAIL VARANASI [LAWS(ALL)-1983-9-41] [REFERRED TO]
BABULAL VILDARAM BISHNOI VS. REVA NAYYAR [LAWS(BOM)-1998-9-176] [REFERRED]
REKHA KAMLESH SHAH VS. UNION OF INDIA [LAWS(BOM)-1998-10-55] [REFERRED TO]
NIRANJAN SANJAY GOTARANE VS. COMMISSIONER OF POLICE [LAWS(BOM)-2024-4-143] [REFERRED TO]
MINAKSHI AMOL GEDAM VS. DISTRICT MAGISTRATE [LAWS(BOM)-2023-11-41] [REFERRED TO]
SWAPNIL SUBHASHRAO S/O SALUNKHE VS. COMMISSIONER OF POLICE [LAWS(BOM)-2021-9-37] [REFERRED TO]
DANDAPANI PATRO VS. COLLECTOR AND DISTRICT MAGISTRATE AND ORS. [LAWS(ORI)-1988-12-28] [REFERRED TO]
NEELA VS. STATE OF TAMIL NADU [LAWS(MAD)-2007-4-374] [REFERRED TO]
SATNAM @ SATTA VS. STATE OF PUNJAB [LAWS(P&H)-1988-1-71] [REFERRED TO]
BUDHA SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1988-10-55] [REFERRED TO]
DILIPBHAI BABUBHAI KAPADIA VS. DISTRICT MAGISTRATE SURAT [LAWS(GJH)-1983-12-33] [REFERRED]
VIJAY PRAKASH MISRA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-2-94] [REFERRED TO]
TARSEM KUMAR & ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-1992-8-79] [REFERRED TO]
SHAMBHU NATH SINGH VS. THE STATE OF BIHAR AND OTHERS [LAWS(PAT)-1987-12-24] [REFERRED TO]
NITHYAKALYANI VS. MAHENDRA PRASAD [LAWS(MAD)-1990-9-9] [REFERRED TO]
MANOJ KUMAR JAIN VS. STATE OF M P [LAWS(MPH)-1982-4-35] [REFERRED TO]
PIARA SINGH VS. STATE OF PUNJAB [LAWS(SC)-1987-10-33] [RELIED ON]
SANT LAL RAHI VS. STATE OF BIHAR [LAWS(PAT)-1989-4-41] [FOLLOWED]
RAJINDER SINGH VS. JOINT SECRETARY TO GOVT. OF INDIA [LAWS(P&H)-1996-1-126] [REFERRED TO]
DILIPSING DARSHANSINGH BHARODIYA VS. COMMISSIONER OF POLICE, AHMEDABAD [LAWS(GJH)-1985-10-45] [REFERRED TO]
ASIF ABDUL KARIM BIDIWALA VS. UNION OF INDIA [LAWS(GJH)-2004-12-63] [REFERRED TO]
GEETHA VS. STATE OF KERALA [LAWS(KER)-2024-5-124] [REFERRED TO]
ULLAS SAHU VS. DIST MAGISTRATE CUTTACK [LAWS(ORI)-1987-7-20] [REFERRED TO]
DEEPAK MAHAJAN VS. UNION OF INDIA [LAWS(DLH)-1992-4-15] [REFERRED ,]
SURESH VISHNU VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-10-79] [REFERRED TO]
PARVEEN IQBAL MANDAI VS. M N ROY [LAWS(BOM)-2005-8-139] [REFERRED TO]
AJAY PRAKASH ALIAS AJU KARUA VALMIKI VS. SUDHAKAR AMBEDKAR [LAWS(BOM)-1999-7-95] [REFERRED TO]
NURJAHAN BEGUM VS. STATE OF MANIPUR [LAWS(GAU)-1992-1-3] [REFERRED TO]
RUTUGNA ARVINDKUMAR TRIVEDI VS. UNION OF INDIA [LAWS(GJH)-2020-7-54] [REFERRED TO]
MOHD. FAIYYAZ MANSURI VS. UNION OF INDIA [LAWS(ALL)-2021-9-17] [REFERRED TO]
NIKHIL SURESH RAJPUT VS. DIST. MAGISTRATE JALGAON [LAWS(BOM)-2021-4-118] [REFERRED TO]
SHABANA IQBAL SHAIKH VS. COMMISSIONER OF POLICE [LAWS(BOM)-2024-3-128] [REFERRED TO]
MOHINUDDIN ALIAS MOIN MASTER VS. DISTRICT MAGISTRATE BEED [LAWS(SC)-1987-7-36] [RELIED ON]
AMARJIT SINGH VS. UNION OF INDIA, MINISTRY OF FINANCE [LAWS(P&H)-1990-7-55] [REFERRED TO]
GURMEJ SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1988-9-53] [REFERRED TO]
BAJAJ PREETI TULSIDAS VS. STATE OF TAMIL NADU [LAWS(MAD)-2000-2-13] [REFERRED TO]
ISRAIL ALIAS ISRAR PAHELVAN NAZIRAHMED SHAIKH VS. STATE OF GUJARAT [LAWS(GJH)-2000-10-24] [REFERRED]
VINOO VS. STATE OF TAMIL NADU, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF TAMIL NADU, MADRAS-9, [LAWS(MAD)-1987-4-30] [REFERRED TO]
VINOD DHANNULAL JAISWAL VS. DIST. MAGISTRATE [LAWS(BOM)-2024-1-119] [REFERRED TO]
MOHD SHAHID VS. UNION OF INDIA [LAWS(DLH)-1988-11-31] [REFERRED TO]
YOUSUF VS. UNION OF INDIA [LAWS(DLH)-1993-2-63] [REFERRED TO]
BALBIR KAUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-1-34] [REFERRED TO]
AJAY SINGH ALIAS PAPPU GOVARDHAN SINGH VS. D SHIVANANDHAN COMMISSIONER OF POLICE [LAWS(BOM)-2007-3-58] [REFERRED TO]
SAYED ABU ALA VS. UNION OF INDIA [LAWS(DLH)-2002-4-112] [REFERRED TO]
PRATIC KUMAR SEN VS. UNION OF INDIA [LAWS(CAL)-1995-7-27] [REFERRED TO]
PREM CHAND ALIAS PINTU VS. STATE OF U P [LAWS(ALL)-2008-8-229] [REFERRED TO]
BABBAN ALIAS BABBU VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-2-93] [REFERRED TO]
MOHAMMAD RAFIQ VS. STATE OF UTTAR PRADESH [LAWS(ALL)-2003-5-110] [REFERRED TO]
JAFAR AHMED ALIAS JAFAR FANTOOSH MOHAMAD RAZZAK KHAN VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2002-1-121] [REFERRED TO]
MOHD. SHEEBU VS. UNION OF INDIA [LAWS(ALL)-2023-2-157] [REFERRED TO]
LAIPHRAKPAM ONGBI GEETA DEVI VS. STATE OF MANIPUR [LAWS(GAU)-1991-5-6] [REFERRED TO]
N K BAPNA VS. UNION OF INDIA [LAWS(CAL)-1993-4-23] [REFERRED TO]
SONU @ MOHD. ISHTIYAQ THROUGH MOTHER SHAMEEM BANO VS. UNION OF INDIA [LAWS(ALL)-2021-11-21] [REFERRED TO]
FARHAT KHAN VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1997-5-4] [REFERRED TO]
ASHISH VS. COMMISSIONER OF POLICE [LAWS(BOM)-2014-7-144] [REFERRED TO]
PARVEZ KASHIMJI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-10-32] [REFERRED TO]
MRUDULA MAHENDRA MASTER VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-2-107] [REFERRED TO]
SHASHIKANT A ALAVANE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-1-32] [REFERRED TO]
NILESH SUNIL PENDULKAR VS. DIST. MAGISTRATE [LAWS(BOM)-2024-2-122] [REFERRED TO]
MAHENDRA ALIAS BABUWA DASHRATH CONTRACTOR VS. SATISH SAHNEY COMMISSIONER OF POLICE [LAWS(BOM)-1996-4-47] [REFERRED TO]
SUSHILA BHOORMAL JAIN VS. STATE OF MAHARASHTRA [LAWS(BOM)-1984-3-11] [REFERRED TO]
BHURPA TSEWANG LAMA VS. UNION OF INDIA [LAWS(DLH)-1992-1-44] [REFERRED]
A RAMESH KUMAR VS. UNION OF INDIA [LAWS(DLH)-1991-3-36] [REFERRED TO]
VINOD KUMAR CHAWLA VS. UNION OF INDIA [LAWS(DLH)-1999-1-78] [REFERRED]
SHANTABEN HARSHADBHAI CHAUDHARY VS. STATE OF GUJARAT [LAWS(GJH)-1995-8-22] [REFERRED TO]
RAMANBHAI GABUBHAI SANSI VS. E I KALASHAVA [LAWS(GJH)-2000-3-48] [REFERRED]
KODARJI LAXMANJI THAKOR VS. COMMISSIONER OF POLICE AHMEDABAD CITY [LAWS(GJH)-1993-4-43] [REFERRED]
PIYUSHKUMAR TRITKUMAR SHAH VS. STATE OF GUJARAT [LAWS(GJH)-1998-12-59] [REFERRED]
NILU SHROFF VS. JOINT SECRETARY GOVT OF INDIA [LAWS(CAL)-2013-9-126] [REFERRED TO]
VISHAL PANDA MAINPURI VS. DISTRICT MAGISTRATE MAINPURI [LAWS(ALL)-2004-8-6] [REFERRED TO]
MOHD UMAR VS. UNION OF INDIA [LAWS(RAJ)-1991-11-21] [REFERRED TO]
SUDHIR KUMAR SINHA VS. STATE OF BIHAR [LAWS(PAT)-1982-8-2] [REFERRED TO: 1981 CRI. LJ 750]
SEKAR ALIAS PRABHUDAS ALIAS PRAKASH VS. STATE OF TAMIL NADU [LAWS(MAD)-1987-11-14] [REFERRED TO]
ABDUL VAKKIL VS. THE UNION OF INDIA, REP., BY THE JOINT SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF FINANCE, DEPT. OF REVENUE, NEW DELHI [LAWS(MAD)-1988-1-60] [REFERRED TO]
BALWINDER SINGH @ BILLA VS. CENTRAL GOVERNMENT [LAWS(P&H)-1996-3-118] [REFERRED TO]
KARTAR SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1992-11-73] [REFERRED TO]
GURDEEP SINGH MANCHANDA VS. UNION OF INDIA [LAWS(P&H)-1989-7-125] [REFERRED]
BACHHRAJI B PITALIYA VS. DISTRICT MAGISTRATE SURAT [LAWS(GJH)-1993-11-31] [REFERRED]
VISHAMBHAR DAYAL GUPTA VS. STATE OF U.P. [LAWS(ALL)-2002-12-177] [REFERRED TO]
SONU ALIAS AJAI VIKRAM UPADHYAY VS. UNION OF INDIA [LAWS(ALL)-2004-1-55] [REFERRED TO]
ASHOK RATILAL PARMAR VS. DISTRICT MAGISTRATE SURENDRANAGAR [LAWS(GJH)-2008-8-277] [REFERRED TO]
KHURSHID LIYAKAT KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-3-147] [REFERRED TO]
CHANGAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-1990-7-89] [FOLLOWED ON]
RUSHIKESH SUNIL BAGUL VS. COMMISSIONER OF POLICE PUNE CITY [LAWS(BOM)-2023-6-1168] [REFERRED TO]
MD MONISUR ISLAM VS. UNION OF INDIA [LAWS(GAU)-2002-8-26] [REFERRED TO]
NAEEM ABDULLA KHAN VS. THE COMMISSIONER OF POLICE [LAWS(BOM)-2016-11-17] [REFERRED TO]
FEHMIDA IQBAL SHAIKH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2000-3-83] [REFERRED TO]
KUNIKA RANDHIR SINGH VS. UNION OF INDIA [LAWS(BOM)-2001-11-16] [REFERRED TO]
CHANDRADEVI JAISWAL VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2001-9-66] [REFERRED TO]
AWADH KUMAR SHUKLA VS. SUPERINTENDENT OF CENTRAL JAIL [LAWS(ALL)-1982-11-12] [REFERRED TO]
TARA CHAND SETH VS. SUPERINTENDENT DISTRICT JAIL RAMPUR AND [LAWS(ALL)-1982-8-33] [REFERRED TO]
WAKAR AHMED SIDDIQUI VS. STATE OF MAHARASHTRA [LAWS(BOM)-1999-7-12] [REFERRED TO]
MOHAMMAD RAFIQUE ABDUL MAJID VS. R H MENDONCA [LAWS(BOM)-1999-8-46] [REFERRED TO]
SUNITA GOPAL RAJWANI VS. R H MENDONCA COMMISSIONER OF POLICE THANE [LAWS(BOM)-1996-7-1] [REFERRED TO]
VINOD VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1998-4-78] [REFERRED TO]
R P SHUKIA VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1985-9-32] [REFERRED TO]
RANJIT SINGH GREWAL VS. UNION OF INDIA [LAWS(DLH)-1988-11-24] [REFERRED TO]
GAFFAR ABDULLAH MOHAMMED VS. UNION OF INDIA [LAWS(DLH)-1988-11-43] [REFERRED TO]
AHMED RAZA VS. UNION OF INDIA [LAWS(DLH)-1988-9-55] [REFERRED]
V KUNHALI VS. UNION OF INDIA [LAWS(DLH)-1988-9-61] [REFERRED TO]
GOPAL BANIK VS. UNION OF INDIA [LAWS(DLH)-1989-1-23] [REFERRED CR.W.P. 476/88. DECIDED ON 15.12.88 (DELHI HIGH COURT)]
BINOD SINGH VS. STATE OF BIHAR [LAWS(PAT)-1989-4-6] [RELIED ON]
SARABJEET SINGH MOKHA VS. DISTRICT MAGISTRATE, JABALPUR [LAWS(SC)-2021-10-91] [REFERRED TO]
ARJUN AGRAWAL ALIAS ARJUN LAL AGRAWAL VS. STATE OF BIHAR [LAWS(PAT)-1991-9-17] [REFERRED TO]
OM SINGH VS. UNION OF INDIA [LAWS(RAJ)-1992-2-74] [REFERRED TO]
GAZI KHAN ALIAS CHOTIA VS. STATE OF RAJASTHAN [LAWS(RAJ)-1990-1-24] [REFERRED TO ;]
P Chinnasamy Thevar VS. State of Tamil Nadu [LAWS(MAD)-1999-2-41] [REFERRED TO]
ABDUL NASAR ADAM ISMAIL VS. STATE OF MAHARASHTRA [LAWS(SC)-2013-4-7] [REFERRED TO]
BHAWARLAL JAIN VS. MAHENDRA PRASAD [LAWS(KAR)-1991-1-92] [REFERRED TO]
PEER MOHAMMED SIDDIQUE VS. UNION OF INDIA [LAWS(KAR)-1992-10-17] [REFERRED TO]
SUKHDEO MAHENDRASING RATHOD VS. COMMISSIONER OF POLICE [LAWS(BOM)-2023-7-659] [REFERRED TO]
URMILA NARESH MITTAL VS. UNION OF INDIA [LAWS(GJH)-1996-10-19] [REFERRED TO]
JAGDISHCHANDRA KARSHANDAS GHEVARIA VS. STATE OF GUJARAT [LAWS(GJH)-1999-6-18] [REFERRED]
VICKY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-3-38] [REFERRED TO]
UTTAM HAZARIKA VS. UNION OF INDIA [LAWS(GAU)-2004-2-32] [REFERRED TO]
YASIN BAHLIM VS. UNION OF INDIA [LAWS(DLH)-1991-3-57] [REFERRED]
DILIP DEY VS. UNION OF INDIA [LAWS(DLH)-1990-12-38] [REFERRED]
M JAYAKUMAR VS. STATE OF KERALA [LAWS(DLH)-1989-7-72] [REFERRED TO]
ABBOSALAH VS. UNION OF INDIA [LAWS(DLH)-1989-8-3] [REFERRED]
ANIL KUMAR BHASIN VS. UNION OF INDIA [LAWS(DLH)-1987-2-14] [RELIED ON]
BASUDEV BANIK VS. UNION OF INDIA [LAWS(DLH)-1988-12-23] [REFERRED]
AJAY KUMAR JAIN VS. UNION OF INDIA [LAWS(DLH)-1992-4-61] [REFERRED TO]
VIKI BABAN GALTE VS. COMMISSIONER OF POLICE [LAWS(BOM)-2017-1-304] [REFERRED TO]
ABDUL RAFI SHABHANDARI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-10-160] [REFERRED TO]
JOKHU LAL VS. SUPERINTENDENT CENTRAL JAIL [LAWS(ALL)-1994-5-14] [REFERRED TO]
S ALAGARSAMI VS. STATE OF TAMIL NADU [LAWS(MAD)-1984-6-4] [REFERRED TO]
SAJITHA BANU/NAZUM BANU VS. JOINT SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, AND SECRETARY TO GOVERNMENT, ETC. AND ANOTHER [LAWS(MAD)-1994-12-75] [REFERRED TO]
SARABJEET SINGH MOKHA VS. DISTRICT MAGISTRATE [LAWS(MPH)-2021-8-71] [REFERRED TO]
Elumala VS. Govt of Tamil Nadu [LAWS(MAD)-2003-11-115] [REFERRED TO]
HARPAL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-1989-2-168] [REFERRED]
GANI KHAN VS. UNION OF INDIA [LAWS(RAJ)-1993-2-42] [REFERRED TO]
MEHBOOBALI HUSSAINALI MUNI VS. STATE OF GUJARAT [LAWS(GJH)-2001-8-90] [REFERRED]
SONU ALIAS AJAI VIKRAM UPADHAYAY VS. UNION OF INDIA [LAWS(ALL)-2003-1-59] [REFERRED TO]
RAJU KANNAUJIA VS. UNION OF INDIA [LAWS(ALL)-2003-9-54] [REFERRED TO]
HARI PANDURANGAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-8-551] [REFERRED TO]
SUSHMA M JAIN VS. GOVT OF KARNATAKA [LAWS(KAR)-2010-2-43] [REFERRED TO]
SUSHMA M JAIN VS. GOVT OF KARNATAKA [LAWS(KAR)-2010-2-43] [REFERRED TO]
HARISH BHATIA VS. UNION OF INDIA [LAWS(DLH)-1989-9-42] [REFERRED TO]
SANTOSH CHANDRA CHATTERJEE VS. UNION OF INDIA [LAWS(DLH)-1992-3-55] [REFERRED 3.]
HAJI IKRAM VS. UNION OF INDIA [LAWS(DLH)-1986-12-10] [REFERRED TO]
GURMIT SINGH CHEEMA VS. UNION OF INDIA [LAWS(DLH)-1995-1-39] [RELIED ON]
REKHA UMESH SHETTY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2007-7-44] [REFERRED TO]
ANIL KUMAR AGARWAL VS. STATE OF UTTAR PRADESH [LAWS(ALL)-1991-3-39] [REFERRED TO]
SUSHILABEN SEVANTILAL DOSHI VS. SOMNATH PAL [LAWS(BOM)-1999-8-143] [REFERRED TO]
ASLAM NOORANI VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2001-9-8] [REFERRED TO]
CHANDER GURUDAS TALREJA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2001-9-104] [REFERRED TO]
AKHIL AHMED KHALIL AHMED SHAIKH VS. M N SINGH COMMISSIONER OF POLICE [LAWS(BOM)-2002-1-35] [REFERRED TO]
KAMALA DEVI KEDIA VS. UNION OF INDIA [LAWS(CAL)-1998-9-36] [REFERRED TO]
TAPAS CHOWDHURY VS. UNION OF INDIA [LAWS(CAL)-1995-9-21] [REFERRED TO]
BHANVARLAL MOGCHAND JAIN VS. STATE OF GUJARAT [LAWS(GJH)-2010-10-272] [REFERRED TO]
VICKY @ MUNNA MAHESH SHINDE VS. DISTRICT MAGISTRATE [LAWS(BOM)-2020-3-15] [REFERRED TO]
ALFOODIN GHOSI ALIAS ALFOO VS. UNION OF INDIA [LAWS(RAJ)-1992-6-4] [REFERRED TO]
Bawa Jafar VS. Government of Tamil nadu rep [LAWS(MAD)-1998-7-57] [REFERRED TO]
RAJAGOPAL CHETTIAR VS. UNION OF INDIA [LAWS(MAD)-1987-12-5] [REFERRED TO]


JUDGEMENT

Koshal, J. - (1.)This is an appeal by one Harish Pahwa against the judgment dated 30th January, 1981 of the High Court of Allahabad dismissing a petition presented by the appellant to it under Article 226 of the Constitution of India with a prayer that a writ of habeas corpus be issued against the State of Uttar Pradesh and Union of India inasmuch as the detention of the appellant by them was not in accordance with law.
(2.)The only point that has been raised before us by Mr. Garg appearing on behalf of the appellant is that the representation made by him against his detention to the State Government was not decided within a reasonable time and that the delay is fatal to the detention This point was no doubt not taken before the High Court but in view of its importance and the fact that all the material necessary for its determination is available on the record, we have allowed it to be raised before us and have overruled a preliminary objection taken by the State to the effect that it should not be entertained.
(3.)In order to decide the point we may refer to certain admitted facts. The order of detention is dated 16th May, 1980 and the representation made by the appellant against it from Varanasi Jail bears date the 3rd June, 1980. The State Government received the representation on the 4th June, 1980 but for two days no action was taken in connection with it. On the 6th of June, 1980 comments were called for from the Customs authorities with regard to the allegations made in the representation and such comments were received by the State Government on the l3th June, 1980. On the 17th of June, 1980, the State Government referred the representation to its Law Department for its opinion which was furnished on the 19th of June, 1980. The rejection of the representation was ordered on the 24th of June, 1980 and it was communicated to the jail authorities two days later. The case of the State is that the representation was with the Customs authorities who were formulating their comments from 7th June, 1980 to the 12th of June, 1980 and that the representation was under the consideration of the Government for four days from 13th June, 1980 to 16th June, 1980, of its Law Department from 17th June, 1980 to 19th June, 1980 and then again under its own consideration for six days from 19th June, 1980 to 24th June, 1980. In our opinion, the manner in which the representation made by the appellant has been dealt with reveals a sorry state of affairs in the matter of consideration of representation made by persons detained without trial. There is no explanation at all as to why no action was taken in reference to the representation on 4th, 5th and 25th of June, 1980. It is also not clear what consideration was given by the Government to the representation from l3th June. 1980 to 16th June, 1980 when we find that it culminated only in a reference to the Law Department, nor it is apparent why the Law Department had to be consulted at all. Again, we fail to understand why the representation had to travel from table to table for six days before reaching the Chief Minister who was the only authority to decide the representation. We may make it clear, as we have done on numerous earlier occasions, that this Court does not look with equanimity upon such delays when the liberty of a person is concerned. Calling comments from other departments, seeking the opinion of Secretary after Secretary and allowing the representation to lie without being attended to is not the type of action which the State is expected to take in a matter of such vital import. We would emphasise that it is the duly of the State to proceed to determine representations of the character above mentioned with the utmost expedition, which means that the matter must be taken up for consideration as soon as such a representation is received and dealt with continuously (unless it is absolutely necessary to wait for some assistance in connection with it) until a final decision is taken and communicated to the detenu. This not having been done in the present case we have no option but to declare the detention unconstitutional. We order accordingly, allow the appeal and direct that the appellant be set at liberty forthwith.


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