Supreme Court of India · 2008-11-12
State Of Tamil Nadu & Anr vs Abdullah Kadher Batcha & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 507
- Court
- Supreme Court of India
- Petitioner
- State Of Tamil Nadu & Anr
- Respondent
- Abdullah Kadher Batcha & Anr
- Author
- Arijit Pasayat
- Bench
- Aftab Alam, P. Sathasivam, Arijit Pasayat
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the detention order under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, citing a violation of Article 22(5) of the Constitution due to the non-supply of necessary documents to the detenu for making an effective representation. The Court clarified that only documents relied upon by the detaining authority need to be supplied, and emphasized that the detenu's right to a fair hearing was compromised. The appeal was dismissed, affirming the High Court's ruling that the detention was illegal due to procedural lapses.