Supreme Court of India · 2016-01-29
UOI vs SALEENA
- Citation / case number
- SC 2014/19058
- Court
- Supreme Court of India
- Petitioner
- UOI
- Respondent
- SALEENA
- Author
- Dipak Misra
- Bench
- PRAFULLA C. PANT DIPAK MISRA
Judgment text excerpt
The Supreme Court upheld the High Court's decision to quash the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), due to violations of Article 22(5) of the Constitution. The Court found that the detenu was not adequately informed of the grounds for detention and that there were significant delays in the communication of the rejection of his representation. The Court emphasized the importance of procedural safeguards in detention matters, leading to the conclusion that the detention was unlawful and thus quashed.