Supreme Court of India · 2003-10-13
Union Of India vs Paul Nanickan And Anr
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- Paul Nanickan And Anr
- Author
- Arijit Pasayat
- Bench
- Doraiswamy Raju, Arijit Pasayat
Judgment text excerpt
The Supreme Court held that the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was invalid due to violation of Article 22(5) of the Constitution, as the detenue was not provided with legible documents necessary for making an effective representation. The Court emphasized that the failure to furnish adequate information undermines the constitutional safeguards against arbitrary detention. Consequently, the Court set aside the detention order and ordered the release of the detenue.