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Supreme Court of India 2018-03-20 allowed

Champion R. Sangma vs State of Meghalaya

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Champion R. Sangma petitioned for release under Article 32 of the Constitution, challenging his detention based on an order passed by the Additional District Magistrate without jurisdiction. The prosecution applied on 24.01.2018 opposing a bail application that the petitioner had never filed. The court lacked case records and passed no notice to the petitioner. The Supreme Court held the order was a nullity, violating the rule of law and Article 21. Although charges under IPC Sections 364A and 34 existed, the State must act lawfully. The Court allowed the petition and ordered the petitioner's release, clarifying the respondent could take other permissible legal steps."

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