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january 2016

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.

UOI vs SALEENA · Niyam