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Supreme Court of India 2022-01-24 allowed

Devesh Chourasia vs District Magistrate, Jabalpur and Others

Bench: 2 — Sanjay Kumar, Alok Aradhe

In Brief

Devesh Chourasia was detained under the National Security Act 1980 based on allegations relating to fake Remdesivir injections. His detention order and subsequent extensions were challenged. The Supreme Court found that the State and Central governments had unlawfully delayed in considering and communicating the rejection of his representation under Section 8(1) of the NSA. Since the facts were substantially similar to an earlier case (Sarabjit Singh Mokha) where the Court had already set aside an identical detention on the same grounds, and no new distinguishable features were raised, the Court allowed the appeal and set aside both the detention order and all extensions.

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Constitutional Law Fundamental Rights National Security Act Preventive Detention Procedural Due Process Habeas Corpus

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