Case Brief-3

Case Name:
Bhim Singh vs State of J&K, [AIR 1986 SC 494]

Facts:
Bhim Singh, petitioner was a M.L.A. of Jammu and Kashmir.
While he was going to attend the assembly session, he was
retained by some police officer and they did not allow him to go
and there was also a voting session at the assembly and he was
not able to vote as he was not allowed to go. Bhim Singh was
arrested and was not presented before the magistrate for four
days and kept in hidden place. His vote in the assembly was
crucial but the person whom he wanted to give the vote won but
his right to vote was infringed.

Issues:
Whether detention of the M.L.A. Bhim Singh was valid or not?

SC Held on 22 November, 1985

The Supreme Court held that the petitioner was detained
unlawfully when he was going to attend the assembly session at
the parliament and he was also deprived of Article 21 of the
Constitution of India. The court further pointed out that the police
cannot demand remand from the Magistrate or a judge without
producing the arrested person before him. Any such demand
would be violative of Article 22(2) of the Constitution of India. The
court also awarded 50,000 compensation to the Bhim Singh
whose fundamental rights were infringed by the state.