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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