Mehdi Mohamed Joudi v. State Of Maharashtra And Others

Mehdi Mohamed Joudi v. State Of Maharashtra And Others

(Supreme Court Of India)

Criminal Writ Petition No. 6215 Of 1980 | 06-01-1981

1. This petition for habeas corpus has been filed by the cousin of the detenu for setting aside the order of detention of the detenu. It appears that the order of detention against the detenu was passed on 4-10-1980 and served on him on 1-11-1980 when the detenu was taken into custody. On 6-11-1980 and 18-11-1980 some documents were served on the detenu. The final instalment of the documents and materials was served on the detenu on 21-11-1980. A representation was made by the detenu on 27-11-1980 which was rejected by the State Govt. on 30-12-1980. It is, therefore, clear that the order of detention suffers from two infirmities, first, that the documents and materials were not supplied pari passu the grounds of detention and secondly, that there is delay of more than a month in disposing of the representation which itself is fatal to the order of detention. For these reasons, therefore, the petition is allowed and the continued detention is held void. The detenu is directed to be released forthwith.

2. Petition allowed.

Advocate List
Bench
  • HON'BLE JUSTICE A. VARADARAJAN
  • HON'BLE JUSTICE SYED M. FAZAL ALI
Eq Citations
  • 1981 CRILJ 1282
  • (1981) 2 SCC 358
  • (1981) SCC CRI 534
  • AIR 1981 SC 1752
  • LQ/SC/1981/4
Head Note

Constitution of India — Art. 22 — Preventive detention — Grounds of detention — Non-supply of — Rejection of representation — Delayed disposal of — Order of detention held void and detenu directed to be released forthwith (Paras 1 and 2)