Detention order quashed due to non-supply of crucial documents ...

Detainee's right violated: Detention quashed over lack of evidence & delayed decision on plea.

September 14, 2024

Case Laws FEMA SC

Detention order quashed due to non-supply of crucial documents relied upon by detaining authority, violating detenu's right to make effective representation under Article 22(5). Statements of a key witness not provided, affecting detenu's defense. Non-receipt and inordinate delay in deciding detenu's representation by authorities also violated Article 22(5). Prison authorities' casual approach in transmitting representation deprecated. Authorities must ensure prompt transmission and expeditious decision on representations concerning personal liberty. Detention order unsustainable on these grounds.

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Detention order quashed due to non-supply of crucial documents ...

Detainee's right violated: Detention quashed over lack of evidence & delayed decision on plea.

September 14, 2024

Case Laws FEMA SC

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