KUBIC DARIUSZ versus UNION OF INDIA & ORS.

KUBIC DARIUSZ versus UNION OF INDIA & ORS.

The continued detention of the detenu was rendered illegal by the non-consideration of his representation by the appropriate government, violating Article 22(5) of the Constitution of India; even if the Advisory Board considered the representation, the constitutional obligation requires the government to independently consider it before confirming detention.

Parties
Petitioner: Kubic Dariusz; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
18 January 1990
Procedural Posture
Writ Petition (criminal) No. 339 of 1989 / Original Jurisdiction – Decision
Outcome
Petition allowed; detention illegal for violation of Article 22(5); detenu to be released forthwith.
Legal Topics
COFEPOSA Act, Communication of Grounds of Detention, Opportunity to Make Representation, Foreign Nationals and Preventive Detention, Human Rights Under Constitution
Preventive Detention Constitutional Law International Law COFEPOSA Act Communication of Grounds of Detention Opportunity to Make Representation Foreign Nationals and Preventive Detention Human Rights Under Constitution

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Parties

Kubic Dariusz

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 339 of 1989 / Original Jurisdiction – Decision

Legal Issues

  1. 1 Whether the grounds of detention were communicated to the detenu in a language understood by him as mandated by Article 22(5) of the Constitution of India
  2. 2 Whether failure to consider the representation made to the appropriate government renders the continued detention illegal under Article 22(5)

Ratio Decidendi

The continued detention of the detenu was rendered illegal by the non-consideration of his representation by the appropriate government, violating Article 22(5) of the Constitution of India; even if the Advisory Board considered the representation, the constitutional obligation requires the government to independently consider it before confirming detention.

Court Disposition

Petition allowed; detention illegal for violation of Article 22(5); detenu to be released forthwith.

Orders

  • Continued detention of the detenu declared illegal; detenu to be set at liberty forthwith.