RATTAN SINGH ETC. ETC. vs STATE OF PUNJAB & ORS. ETC. ETC.

The Supreme Court held that the failure of the authorities to forward the petitioner's representation to the Central Government constituted a violation of his fundamental right to personal liberty under Article 21 of the Constitution. The Court emphasized that safeguards provided under preventive detention laws, such as the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), must be upheld to ensure that detainees can assert their rights. The Court ruled that the detention was illegal due to this oversight and directed the authorities to consider the representation.