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Thursday, December 19, 2013

Every person-Article 5 of the Constitution

The expression "every person" includes-

(a) a prisoner,

(b) a member of armed forces (but to subject to Article 33)

See the undermentioned decisions:


(I) State of Maharashtra v. Prabhakar, AIR 1966 SC 424, 426.

(II) Sunil Batra v. Delhi Administration, AIR 1978 SC 1675.

(III) Prithi Pal Singh Bedi (Lt.Col.) v. Union of India, AIR 1982 SC 1413, Paragraph 45.

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