Supreme Court of India · 1980-08-01
GANGA RAMCHAND BHARVANI vs UNDER SECRETARY TO THE GOVERNMENT OF MAHARASHTRA & ORS.
- Citation / case number
- SC 1980/63321
- Court
- Supreme Court of India
- Petitioner
- GANGA RAMCHAND BHARVANI
- Respondent
- UNDER SECRETARY TO THE GOVERNMENT OF MAHARASHTRA & ORS.
- Author
- RANJIT SINGH SARKARIA
- Bench
- RANJIT SINGH SARKARIA
Judgment text excerpt
The Supreme Court held that the delay in supplying grounds of detention under Section 3(i) of the COFEPOSA Act, 1974 invalidates the detention. The Court emphasized that Article 22(5) mandates that the detaining authority must communicate the grounds for detention as soon as practicable and provide the detenu an opportunity to make an effective representation. The detention order was quashed due to the failure to comply with these constitutional requirements.