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september 2024

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.

Jaseela Shaji vs The Union Of India · Niyam