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september 1980

Supreme Court of India · 1980-09-09

ICHHU DEVI CHORARIA vs UNION OF INDIA & ORS.

Citation / case number
SC 1980/63207
Court
Supreme Court of India
Petitioner
ICHHU DEVI CHORARIA
Respondent
UNION OF INDIA & ORS.
Bench
BHAGWATI, P.N.

Judgment text excerpt

The Supreme Court ruled that the continued detention of the detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, was illegal due to unreasonable delay in considering his representation and requests for documents, violating Article 22(5) of the Constitution. The Court emphasized that the detaining authority's failure to provide necessary documents hindered the detenu's ability to make an effective representation. Consequently, the Court ordered the release of the detenu, holding that the detention was void.

ICHHU DEVI CHORARIA vs UNION OF INDIA & ORS. · Niyam