SOPHIA GULAM MOHD. BHAM versus STATE OF MAHARASHTRA AND ORS.

SOPHIA GULAM MOHD. BHAM versus STATE OF MAHARASHTRA AND ORS.

The detention order is vitiated under Article 22(5) and Section 3(1) COFEPOSA due to the Detaining Authority's failure to supply copies of material documents—including diaries—relied upon for detention; this denied the detenu an effective right of representation.

Parties
Appellant: Sophia Gulam Mohd. Bham; Respondents: State of Maharashtra and Ors.
Jurisdiction
India
Judgment Date
13 August 1999
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Writ Petition for Habeas Corpus by High Court
Outcome
Appeal allowed
Legal Topics
Preventive Detention, COFEPOSA, Fundamental Rights, Article 22(5)
Constitutional Law Criminal Law Preventive Detention COFEPOSA Fundamental Rights Article 22(5)

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Parties

Sophia Gulam Mohd. Bham

Appellant

State of Maharashtra and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Writ Petition for Habeas Corpus by High Court

Legal Issues

  1. 1 Whether failure to supply material documents relied on for detention vitiates preventive detention order under Article 22(5) and Section 3(1) COFEPOSA

Ratio Decidendi

The detention order is vitiated under Article 22(5) and Section 3(1) COFEPOSA due to the Detaining Authority's failure to supply copies of material documents—including diaries—relied upon for detention; this denied the detenu an effective right of representation.

Court Disposition

Appeal allowed

Orders

  • Order of detention dated 24.2.1998 quashed
  • Bham Faisal Gulam Mohammed to be set at liberty forthwith unless required in some other case