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december 1980

Supreme Court of India · 1980-12-15

LALLUBHAI JOGIBHAI PATEL vs UNION OF INDIA & ORS.

Citation / case number
SC 1980/63307
Court
Supreme Court of India
Petitioner
LALLUBHAI JOGIBHAI PATEL
Respondent
UNION OF INDIA & ORS.
Author
RANJIT SINGH SARKARIA
Bench
RANJIT SINGH SARKARIA

Judgment text excerpt

The Supreme Court ruled that a detenu can file a second petition for writ of habeas corpus after the dismissal of the first, provided new grounds are presented, as the doctrine of constructive res judicata does not apply to illegal detentions. The Court emphasized that under Article 22(5), the detaining authority must supply all documents relied upon for detention to the detenu, enabling effective representation. The Court held that the failure to provide necessary documents and the use of an unknown language for communication constituted a breach of constitutional rights, rendering the detention order void.

LALLUBHAI JOGIBHAI PATEL vs UNION OF INDIA & ORS. · Niyam