Supreme Court of India · 2006-03-10
RAJINDER ARORA vs UNION OF INDIA .
- Citation / case number
- SC 2005/19876
- Court
- Supreme Court of India
- Petitioner
- RAJINDER ARORA
- Respondent
- UNION OF INDIA .
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court held that the detention of the Appellant under the COFEPOSA Act was unlawful as the detaining authority failed to provide adequate grounds for detention, particularly in light of the Appellant's allegations of torture and coercion during interrogation, which violated his rights under Article 21 of the Constitution. The Court emphasized that the failure to file a complaint within the statutory period of 60 days further undermined the legality of the detention. Consequently, the Court quashed the detention order and granted relief to the Appellant.