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april 2009

Supreme Court of India · 2009-04-15

THAHIRA HARIS ETC.ETC. vs GOVT.OF KARNATAKA .

Citation / case number
SC 2008/36184
Court
Supreme Court of India
Petitioner
THAHIRA HARIS ETC.ETC.
Respondent
GOVT.OF KARNATAKA .
Author
Dalveer Bhandari

Judgment text excerpt

The Supreme Court held that the non-supply of relevant documents, specifically the detention order of Anil Kumar, to the detenu B. Mohammed Haris, vitiated the detention order under the COFEPOSA Act. The Court emphasized that the detaining authority's satisfaction must be based on all relevant materials, and the failure to provide such documents constitutes a violation of the principles of natural justice. Consequently, the Court quashed the detention order and allowed the appeals, overturning the High Court's dismissal of the writ petitions.

THAHIRA HARIS ETC.ETC. vs GOVT.OF KARNATAKA . · Niyam