SMT. SHALINI SONI ETC. versus UNION OF INDIA & ORS. ETC.

SMT. SHALINI SONI ETC. versus UNION OF INDIA & ORS. ETC.

Failure to consider the representation of the detenu under Article 22(5) and failure to furnish copies of documents and material relied upon in the grounds of detention render the detention illegal and the detenu is entitled to be released forthwith.

Parties
Petitioner: SMT. SHALINI SONI; Respondent: UNION OF INDIA & ORS.
Jurisdiction
India
Judgment Date
24 October 1980
Procedural Posture
Writ Petition / Supreme Court Final Judgment
Outcome
Petitions allowed. Detenus to be released forthwith.
Legal Topics
Preventive Detention, Right to Representation, Communication of Grounds of Detention, Procedural Safeguards
Constitutional Law Administrative Law Criminal Law Preventive Detention Right to Representation Communication of Grounds of Detention Procedural Safeguards

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Parties

SMT. SHALINI SONI

Petitioner

UNION OF INDIA & ORS.

Respondent

Procedural Posture

Writ Petition / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the failure to consider the representation dated July 27, 1980 made by the detenu through his Advocate invalidates the preventive detention?
  2. 2 Whether non-supply of documents and material relied upon in the grounds of detention invalidates the detention order under Article 22(5) and section 3 of COFEPOSA?

Ratio Decidendi

Failure to consider the representation of the detenu under Article 22(5) and failure to furnish copies of documents and material relied upon in the grounds of detention render the detention illegal and the detenu is entitled to be released forthwith.

Court Disposition

Petitions allowed. Detenus to be released forthwith.

Orders

  • Petitions allowed.
  • Detenus released forthwith.