VidhiSangh

Supreme Court of India · 29/10/2021

SARABJEET SINGH MOKHA versus THE DISTRICT MAGISTRATE, JABALPUR & ORS.

[2021] 11 S.C.R. 468 · 2021 INSC 702

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Court quashed preventive detention under the National Security Act and its extensions because the State unjustifiably delayed deciding the detenu’s representation and neither government proved timely communication of its rejection. Government consideration was independent of Advisory Board review and could not await that process. The Court decided the appeal on these procedural safeguards, leaving other challenges to the detention and the underlying allegations unexamined.

Issues

  1. Whether delay in deciding the first representation and failure to communicate its rejection violated preventive-detention safeguards.
  2. Whether awaiting the Advisory Board justified the State’s delay and whether the extensions could survive.

Provisions considered

Held

Result

Appeal allowed; High Court judgment, detention order dated 11 May 2021 and extensions dated 15 July and 30 September 2021 quashed. Other grounds not examined; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2021] 11 S.C.R. 468.