Supreme Court of India · 2001-05-04
Rajan Worlikar vs State Of Karnataka And Others
- Citation / case number
- AIR 2001 SUPREME COURT 2303
- Court
- Supreme Court of India
- Petitioner
- Rajan Worlikar
- Respondent
- State Of Karnataka And Others
- Bench
- M.B. Shah, S.N. Variava
Judgment text excerpt
The Supreme Court upheld the legality of detention orders under the Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances Act, 1988, affirming that the failure to inform the detenue of their right to representation constitutes a violation of Article 22(5) of the Constitution. The Court emphasized that the right to representation must be communicated at the time of serving the grounds of detention, as established in Kamlesh Kumar Ishwar Das Patel v. Union of India [(1995) 4 SCC 51]. The appeals were dismissed, affirming the High Court's decision that the detention orders were valid despite the procedural lapse regarding communication of rights.