NDLI: Union of India & Ors. Vs. Saleena

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act Writ of habeas corpus Order of detention 1974
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India Jammu and Kashmir Public Safety Act, 1978 (6 of 1978) Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974) Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) Maintenance of Internal Security Act, 1971 (26 of 1971)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974: s.3(1) - Order of detention — Writ of habeas corpus on the ground that the decision of competent authority was not communicated to the detenu — High Court held that the decision of the competent authority was not communicated to the detenu and the right of detenu u/Art.22(5) of the Constitution was violated — Whether non-communication of order of the competent authority or absence of effective communication would vitiate the order of detention — Held: It is incorrect to treat issue of communication of rejection of representation by competent authority or incorporation of order passed by competent authority in the order of communication as a constitutional safeguard — The duty of the Court in this regard is to see whether the representation submitted by the detenu was rejected in a mechanical manner without application of mind — In the instant case, the competent authority passed an order on the basis of the material produced before it — It cannot be said that there was no subjective satisfaction - When the material, the file, the representation and the comments on the representation were produced before the authority and he had mentioned in the order that he had gone through the representation and not found sufficient ground for exercising the power u/s.11 of the COFEPOSA Act, it cannot be said that there was no subjective satisfaction — The impugned order granting writ of habeas corpus and directing the detenu to be set at liberty was totally vulnerable and is set aside — Constitution of India, 1950 — Art.22(5). Allowing the appeal.
Judge	Hon'ble Mr. Justice Arun Mishra
Neutral Citation	2016 INSC 111
Petitioner	Union Of India & Ors.
Respondent	Saleena
SCR	[2016] 1 S.C.R. 373
Judgement Date	2016-01-29
Case Number	1251

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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