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december 1990

Supreme Court of India · 1990-12-20

ADDITIONAL SECRETARY TO THE GOVERNMENT OFINDIA AND ORS. vs SMT. ALKA SUBHASH GADIA AND ANR.

Citation / case number
SC 1989/72381
Court
Supreme Court of India
Petitioner
ADDITIONAL SECRETARY TO THE GOVERNMENT OFINDIA AND ORS.
Respondent
SMT. ALKA SUBHASH GADIA AND ANR.
Author
P.B. SAWANT
Bench
P.B. SAWANT

Judgment text excerpt

The Supreme Court held that under Articles 14, 19, 21, and 22 of the Constitution of India, a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 must be communicated to the proposed detenu, even if he is absconding, to allow for judicial review. The Court affirmed the High Court's decision that the detention order and grounds must be disclosed to the detenu and his counsel, emphasizing the right to challenge such orders. The Court found the authorities in contempt for failing to comply with the High Court's orders regarding the disclosure of documents.

ADDITIONAL SECRETARY TO THE GOVERNMENT OFINDIA AND ORS. vs SMT. ALKA SUBHASH GADIA AND ANR. · Niyam