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.