AIR 1996 SUPREME COURT 2998 ::1996 AIR SCW 1281 ::1996 UP CriR 405 ::(1996) 2 MadLW(Cri) 542 ::(1996) 20 AllCriR 409 ::1996 CriLR(SC&MP) 422 ::(1996) 1 CurCriR 199 ::1996 (3) SCC 194 ::1996 SCC(Cri) 470 ::1996 (2) RecCriR 608 ::1996 CriLR(SC MAH GUJ) 422 ::1996 (1) AllCriLR 579 ::1996 (2) All WC 781 ::1996 CalCriLR 265 ::1996 (1) BLJ 675 ::1996 (2) BLJR 914 ::1996 BLJR 2 914 ::1996 (2) ChandCriC 21 ::1996 (3) GujLR 314 ::(1996) 2 SCR 479 (SC) ::1996 (2) SCR 479 ::1996 (33) AllCriC 319 ::(1996) SC Cr R 493 ::(1996) 1 EFR 608 ::(1996) 2 JT 532 (SC)

Supreme Court Of India

Hon'ble Judge(s): Kuldip Singh, S. Saghir Ahmad , JJ

(A) Constitution of India , Art.22(5)— Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (7 of 1980) , S.8— Preventive detention under Act - Plea that right to make representation against, not constitutional right on ground of, non-specification of authorities in Art. 22 (5) to whom same is to be made - Not sustainable. It is not corect to say on ground of non-specification of authorities in Art. 22 (5) to whom representation is to be made that right to make representation against preventive detention is not Constitutional right. It will be seen that right to represent has been given not only by Article 22(5) of the Constitution but also by Section 8 of the Act. The right provided under the Act has, therefore, to be treated as an extension of the constitutional right already available to a detenu under Article 22 (5). The legislature has, in fact, given effect to the constitutional right by providing in Section 8 of the Act that the detenu shall have the right of making a representation to the appropriate government.(Para 8 9) (B) Constitution of India , Art.22(5)— Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act (7 of 1980) , S.8— Preventive detention - Representation against - Delay in ....