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august 1980

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.

GANGA RAMCHAND BHARVANI vs UNDER SECRETARY TO THE GOVERNMENT OF MAHARASHTRA & ORS. · Niyam