Supreme Court of India · 1980-02-20
RAMCHANDRA A. KAMAT vs UNION OF INDIA AND ORS.
- Citation / case number
- SC 1979/62657
- Court
- Supreme Court of India
- Petitioner
- RAMCHANDRA A. KAMAT
- Respondent
- UNION OF INDIA AND ORS.
- Author
- P.S. KAILASAM
- Bench
- P.S. KAILASAM
Judgment text excerpt
The Supreme Court held that the detaining authority failed to act with reasonable expedition in providing the statements and documents referred to in the grounds of detention under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Court established that the right to make an effective representation is a fundamental right, and the detenu must be provided with necessary documents to facilitate this right. Consequently, the Court ruled that the detention was not in accordance with the prescribed procedure, leading to the quashing of the detention order.