Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – Art. 22(5) – Right to make representation – Preventive Detention – Non-supply of legible copies of documents relied upon by detaining authority – Denial of effective representation – Respondent no.1 was subjected to preventive detention under 1988 Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India – Art. 22(5) – Right to make representation – Preventive Detention – Non-supply of legible copies of documents relied upon by detaining authority – Denial of effective representation – Respondent no. 1 was subjected to preventive detention under 1988 Act – High Court set aside the order of detention passed on the premise that the appellants failed to supply the legible copies of documents relied upon while passing the order of detention – On appeal, held: Right to make representation is a fundamental right of the detenu u/Art. 22(5) – Supply of illegible copy of documents relied upon by the detaining authority has deprived the respondent in making an effective representation and denial thereof will hold the order of detention illegal – Further, though the respondent failed to question before the detaining authority that illegible or blurred copies were supplied to him, but the right to make representation being a fundamental right, the detenu is always entitled to be supplied with the legible copies of the documents relied upon by the detaining authority – Information made in the grounds of detention enables him to make an effective representation – No error committed by High Court in setting aside the order of preventive detention – Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. Constitution of India – Art. 22(5) – Rights conferred under – Discussed.Constitution of India – Art. 22(5) – Held: Refusal to supply the documents requested by the detenu or supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Art. 22(5) – However, whether an opportunity has been afforded to make an effective representation always depends on the facts and circumstances of each case. |
Judge | Hon'ble Mr. Justice Ajay Rastogi |
Neutral Citation | 2022 INSC 1117 |
Petitioner | The State Of Manipur & Ors |
Respondent | Buyamayum Abdul Hanan @ Anand & Anr. |
SCR | [2022] 15 S.C.R. 760 |
Judgement Date | 2022-10-19 |
Case Number | 1819 |
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