KAMLA KANAHIYALAL KHUSHALANI versus STATE OF MAHARASHTRA AND ANR.

The continued detention of the detenu is void due to non-supply of documents and materials relied upon in the detention order at the time the grounds were served, and due to unexplained delay in disposing of the detenu's representation, both being violations of constitutional safeguards under Article 22(5).

Parties: Petitioner: Kamla Kanahiyalal Khushalani; Respondent: State of Maharashtra and Anr.
Jurisdiction: India
Judgment Date: 06 January 1981
Procedural Posture: Writ Petition / Original Jurisdiction Article 32
Outcome: Petition allowed; continued detention declared void.
Legal Topics: Preventive Detention, Constitutional Safeguards, Detention Procedures, Right to Representation

Constitutional Law Criminal Law Preventive Detention Constitutional Safeguards Detention Procedures Right to Representation

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Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Kamla Kanahiyalal Khushalani

Petitioner

State of Maharashtra and Anr.

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction Article 32

Legal Issues

1 Whether failure to supply documents and materials forming the basis of detention with the grounds violates Article 22(5) of the Constitution.
2 Whether unexplained delay in disposing of the detenu's representation invalidates the detention order.

Ratio Decidendi

Court Disposition

Petition allowed; continued detention declared void.

Orders

Direct the detenu to be released forthwith.
Copy of judgment to be sent to Home Ministers of State Governments, Government of India, and the Finance Minister for necessary action.