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may 2001

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.

Rajan Worlikar vs State Of Karnataka And Others · Niyam