Headline
The Supreme Court of India cancels the detention order due to delay and non-supply of critical documents.
Summary
The Supreme Court of India ruled that authorities must give all materials dependent upon a detention order to make sure that the detained person (detenue) has the right to challenge it. Default in doing so violates Article 22(5) of the Indian Constitution.
Key Facts
- Case Name: Jaseela Shaji v. Union of India and Others
- Name of Judges: Justice BR Gavai, Justice Prashant Mishra, and Justice KS Viswanathan.
- The detained person was held under the COFEPOSA Act after he was caught with foreign currency, gold, and silver at his home.
- The Supreme Court of India quashed the Kerala High Court ruling, citing a nine month delay in sending the detenue’s representation and non-supply of a key witness statement.
Legal Insights
The Supreme Court of India stresses on the right under Article 22(5) of Indian Constitution for a detained person to receive all material relied upon by detaining authorities to challenge their detention effectively.
Impact
This ruling of the Supreme Court focuses on the need for strict adherence to procedural requirements in cases relating to preventive detention , especially regarding detainee rights.
Why It Matters
It showcases the significance of due process in protecting personal liberty, mainly against arbitrary detention.
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