Supreme Court of India · 2008-12-17
REKHA UMESH SHETTY vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2007/29712
- Court
- Supreme Court of India
- Petitioner
- REKHA UMESH SHETTY
- Respondent
- STATE OF MAHARASHTRA .
Judgment text excerpt
The Supreme Court held that the Detaining Authority must consider both the confession and any subsequent retraction made by the detenu, as established in Deepak Bajaj Vs. State of Maharashtra. The Court found that the failure to present the retraction to the Detaining Authority violated the principles of natural justice. Consequently, the detention orders dated 16th August, 2006 and 21st August, 2006 were quashed, allowing the appeals.