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april 2009

Supreme Court of India · 2009-04-15

Thahira Haris Etc.Etc vs Govt.Of Karnataka & Ors

Citation / case number
AIR 2009 SUPREME COURT 2184
Court
Supreme Court of India
Petitioner
Thahira Haris Etc.Etc
Respondent
Govt.Of Karnataka & Ors
Author
Dalveer Bhandari
Bench
Asok Kumar Ganguly, Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the non-supply of relied upon documents, specifically the detention order of Anil Kumar, is a violation of the principles of natural justice and vitiates the detention order under the COFEPOSA Act. The Court emphasized that the detaining authority must consider all relevant documents, and failure to do so undermines the legality of the detention. Consequently, the Court quashed the detention order and allowed the appeals, setting aside the High Court's dismissal of the writ petitions.

Thahira Haris Etc.Etc vs Govt.Of Karnataka & Ors · Niyam