Supreme Court · 2003 INSC 282 · Decided 7 May 2003
A.C. Razia v. Government of Kerala and ORS.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 282 · [2003] SUPP. 1 S.C.R. 21
- Case number
- SPECIAL LEAVE PETITION (CRIMINAL) No. 153/2003
- Decided
- 7 May 2003
- Bench
- S. RAJENDRA BABU, G.P. MATHUR (2-judge bench)
- Outcome
- Matter referred to larger bench
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 22(5)
Headnote
Preventive Detention : Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974-Sections 3(/)(i)-(iv) and 3(2)-Constitution of India, 1950-Article 22(5)-Detention order-Representation by detenue- Representation and allied documents being placed before Central Government in to show if officer concerned having knowledge of regional language-Confirmation of detention order- Justification of-Held: As Central Government could not exercise full and independent application of mind due to non-translation, detention order vitiated-Guaranteed rights under Article 22(5)
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