Supreme Court · 2015 INSC 1039 · Decided 20 November 2015
Choith Nanikram Harchandani v. State of Maharashtra& ORS.
- Court
- Supreme Court of India
- Citation
- 2015 INSC 1039 · [2015] 11 S.C.R. 80
- Case number
- WRIT PETITION (CRIMINAL) No. 134/2015
- Decided
- 20 November 2015
- Bench
- JASTI CHELAMESWAR, ABHAY MANOHAR SAPRE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- Constitution Article 32, 14
Headnote
Preventive Detention - Detention under COFEPOSA Act - Challenged in a Habeas Corpus writ petition u/Art 32 of Constitution - Held: The detention order is liable to be quashed on the ground that that the detenu was denied an opportunity affair hearing inasmuch he was denied hearing Board - Since the Detaining Authority was represented by the officers, denial of opportunity to the detenu to take aid of legal practitioner also amounted to violation of Art 14 of the Constitution - Therefore, the detention order is passed by issuance of writ of certiorari - Constitution of
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