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Supreme Court of India 2019-02-19 disposed

Harsh Mander vs Union of India (UOI) and Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court of India addressed a writ petition concerning the detention of persons identified as foreigners under the Foreigners Act, 1946. The petition raised concerns about deplorable living conditions in detention centres and extremely prolonged detention periods—some lasting over 9 years. The Court identified two core issues requiring judicial attention: the adequacy of living conditions and the justification for extended detention pending deportation. The Court directed the State and Union to examine whether detention should be a last resort rather than the default option, and whether alternatives exist. The matter was adjourned to allow inter-ministerial consultations between relevant central and state authorities.

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Foreigners Act Detention Living Conditions Deportation Constitutional Rights Human Rights Administrative Law

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