MRS. NUTAN J. PATEL versus S.V. PRASAD AND ANR.

Failure to inform the detenu of his right to make representation to the Specified Officer violates Article 22(5) of the Constitution, vitiating the detention order.

Parties: Appellant: Mrs. Nutan J. Patel; Respondent: S.V. Prasad; Detenu: Jayantibhai Rambhai Patel
Jurisdiction: India
Judgment Date: 22 November 1995
Procedural Posture: Criminal Appeal / Appeal From Andhra Pradesh High Court Decision in W.p. No. 15974 of 1992
Outcome: Appeal allowed
Legal Topics: Detention, Right to Representation, COFEPOSA Act, Article 22(5)

Constitutional Law Criminal Law Detention Right to Representation COFEPOSA Act Article 22(5)

Case Brief

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Parties

Mrs. Nutan J. Patel

Appellant

S.V. Prasad

Respondent

Jayantibhai Rambhai Patel

Detenu

Procedural Posture

Criminal Appeal / Appeal From Andhra Pradesh High Court Decision in W.p. No. 15974 of 1992

Legal Issues

1 Whether failure to inform detenu of his right to make representation to the Specified Officer vitiates detention under COFEPOSA Act
2 Applicability of Article 22(5) in relation to representation rights under preventive detention

Ratio Decidendi

Failure to inform the detenu of his right to make representation to the Specified Officer violates Article 22(5) of the Constitution, vitiating the detention order.

Court Disposition

Appeal allowed

Orders

Order of detention stands quashed