PRITAM NATH HOON versus UNION OF INDIA & OTHERS

PRITAM NATH HOON versus UNION OF INDIA & OTHERS

Unreasonable delay in supplying documents essential for making representation against detention amounts to denial of right under Article 22(5) of the Constitution, vitiating the detention order and entitling the detenu to immediate release.

Parties
Petitioner: Pritam Nath Hoon; Respondent: Union of India; Respondent: Government of Maharashtra; Respondent: Assistant Collector of Customs
Jurisdiction
India
Judgment Date
11 September 1980
Procedural Posture
Writ Petition (article 32) / Final Judgment
Outcome
Petition allowed; detention declared illegal; immediate release ordered.
Legal Topics
Preventive Detention, Procedural Safeguards, Supply of Documents, Personal Liberty
Constitutional Law Criminal Law Preventive Detention Procedural Safeguards Supply of Documents Personal Liberty

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Parties

Pritam Nath Hoon

Petitioner

Union of India

Respondent

Government of Maharashtra

Respondent

Assistant Collector of Customs

Respondent

Procedural Posture

Writ Petition (article 32) / Final Judgment

Legal Issues

  1. 1 Whether belated or non-supply of documents to the detenu vitiates preventive detention under COFEPOSA, 1974.

Ratio Decidendi

Unreasonable delay in supplying documents essential for making representation against detention amounts to denial of right under Article 22(5) of the Constitution, vitiating the detention order and entitling the detenu to immediate release.

Court Disposition

Petition allowed; detention declared illegal; immediate release ordered.

Orders

  • Petitioner shall be released forthwith.
  • Respondents are advised to ensure prompt procedure for provision of documents to detenus in future cases.