IBRAHIM AHMAD BATTI versus STATE OF GUJARAT & OTHERS

IBRAHIM AHMAD BATTI versus STATE OF GUJARAT & OTHERS

Non-supply of Urdu translations of documents relied upon, and failure to communicate reasons for delayed supply, constitutes breach of Article 22(5) read with Section 3(3) of COFEPOSA; such breaches vitiate continued detention.

Parties
Petitioner/detenu: Ibrahim Ahmad Batti; Respondent: State of Gujarat; Respondent: Union of India
Jurisdiction
India
Judgment Date
13 October 1982
Procedural Posture
Writ Petition (crl) No. 1077 of 1982 / Final Judgment
Outcome
Petition allowed; detention quashed.
Legal Topics
Preventive Detention, Safeguards Under Article 22(5), COFEPOSA
Constitutional Law Criminal Law Preventive Detention Safeguards Under Article 22(5) COFEPOSA

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Parties

Ibrahim Ahmad Batti

Petitioner/detenu

State of Gujarat

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition (crl) No. 1077 of 1982 / Final Judgment

Legal Issues

  1. 1 Whether the failure to supply translations of documents relied upon, in Urdu (language known to detenu), or delayed supply without communication of reasons violates Article 22(5) and Section 3(3) of COFEPOSA.
  2. 2 Whether continued detention is vitiated by non-supply and non-communication of reasons for delay.

Ratio Decidendi

Non-supply of Urdu translations of documents relied upon, and failure to communicate reasons for delayed supply, constitutes breach of Article 22(5) read with Section 3(3) of COFEPOSA; such breaches vitiate continued detention.

Court Disposition

Petition allowed; detention quashed.

Orders

  • Continued detention of petitioner is quashed.
  • Petitioner directed to be released forthwith.