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july 2012

Supreme Court of India · 2012-07-25

Rashid Kapadia vs Medha Gadgil & Ors

Citation / case number
AIRONLINE 2012 SC 95
Court
Supreme Court of India
Petitioner
Rashid Kapadia
Respondent
Medha Gadgil & Ors
Bench
J. Chelameswar, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was validly issued, as the detaining authority had sufficient material to justify the detention. However, the Court found that the delay in considering the representation made by the appellant under Article 22(5) of the Constitution was unreasonable, thus violating the right to a timely review. The Court set aside the detention order due to this procedural lapse, emphasizing the importance of prompt action on representations in preventive detention cases.

Rashid Kapadia vs Medha Gadgil & Ors · Niyam