NUTAN J.PATEL vs S.V.PRASAD

The Supreme Court held that under Article 22(5) of the Constitution, a detenu has the right to be informed of their right to make a representation against the detention order. The Court emphasized that failure to inform the detenu of this right results in a violation of constitutional rights, leading to the quashing of the detention order under the COFEPOSA Act. The appeal was allowed, overturning the High Court's dismissal of the writ petition, thereby reinforcing the necessity of informing detenus of their rights.