Bal Chand Choraria Vs. Union Of India And Ors On 13 December, 1977

Q: Q. What are the equivalent citations for Bal Chand Choraria vs Union Of India And Ors ?

The equivalence citation are(1978) 1 SCC 161 ; [1978] 2 SCR 401 ; 1978 CRILJ 159 ; (1978) SCC CRI 77 ; AIR 1978 SC 297 ; 1978 UJ 118 ; (1978) 1 MLJ (CRL) 254 ; LQ/SC/1977/341 ;

Q: Q. What was the bench assigned for the case Bal Chand Choraria vs Union Of India And Ors?

HONBLE JUSTICE SYED M. FAZAL ALI, HONBLE JUSTICE JASWANT SINGH

Open iDraf

Bal Chand Choraria v. Union Of India And Ors

Bal Chand Choraria
v.
Union Of India And Ors

(Supreme Court Of India)

Criminal Appeal No. 413 Of 1977 | 13-12-1977

FAZAL ALI, J.

1. In support of the rule Mr. Jethmalani submitted a short point before us. It was argued that the representation filed by the detenu through his counsel has not been considered by the Government at all. The High Court was of the view that the aforesaid representation was not given by the detenu himself but by Mr. Jethmalani in his capacity as a member of the Parliament. The representation has been placed before us and it clearly recites that Mr. Jethmalani acted not as a member of the Parliament but on instructions from his client, namely, the detenu. In the circumstances therefore, the High Court was in error in construing the representation made by the petitioner as being mad¬ by him but by his counsel. It is manifest that the counsel had no personal matter and he was only advocating the cause of his client. In matters where the liberty of the subject is concerned and a highly cherished right is involved, the representations made by the detenu should be construed liberally and not technically so as to frustrate or defeat the concept of liberty which is engrained in article 21 of the Constitution. As the representation has not been considered at all by the Government which it was duty bound to consider, that by itself vitiates the order of detention.

2. We, therefore, allow this appeal and direct the appellant to be released forthwith. The order of this Court releasing the appellant on parole, passed by us on the last hearing, is vacated as having become infructuous.

3. Appeal allowed.

Advocates List

Ram Jethmalani, A. K. Sen, Harjinder Singh and M. N. Lodha, S. N. Kacker, Sol. General, R. P. Bhatt, Girish Chandra, Advocates.

Bench List

HON'BLE JUSTICE SYED M. FAZAL ALI

HON'BLE JUSTICE JASWANT SINGH

Eq Citation

(1978) 1 SCC 161

[1978] 2 SCR 401

1978 CRILJ 159

(1978) SCC CRI 77

AIR 1978 SC 297

1978 UJ 118

(1978) 1 MLJ (CRL) 254

LQ/SC/1977/341

HeadNote

Constitution of India — Arts. 21 and 22 — Detaining authority/Government — Duty to consider representation of detenu — Representation made by detenu through his counsel — Held, in matters where liberty of subject is concerned and a highly cherished right is involved, representations made by detenu should be construed liberally and not technically so as to frustrate or defeat concept of liberty which is engrained in Art. 21 — In present case, High Court erred in construing representation made by petitioner as being made not by him but by his counsel — Representation clearly recited that counsel acted not as member of Parliament but on instructions from his client, namely, detenu — Counsel had no personal matter and was only advocating cause of his client — As representation was not considered at all by Government which it was duty bound to consider, that by itself vitiated order of detention — Appellant directed to be released forthwith