Supreme Court of India · 2024-09-12
Jaseela Shaji vs The Union Of India
- Citation / case number
- 2024 INSC 683
- Court
- Supreme Court of India
- Petitioner
- Jaseela Shaji
- Respondent
- The Union Of India
- Author
- B.R. Gavai
- Bench
- Prashant Kumar Mishra, B.R. Gavai
Judgment text excerpt
The Supreme Court quashed the detention order dated 31st August 2023 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), holding that the detenu's right to make a representation was violated as the representations sent were not received by the Detaining Authority or the Central Government. The Court emphasized the necessity of ensuring that detainees can effectively challenge their detention, leading to the immediate release of the detenu if not required in any other case.