Supreme Court of India
Meena Jayendra Thakur v. Union of India and Ors.
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that it will not by itself vitiate the initial order of detention.
Judgment, page 14
From the headnote
Preventive Detention : Conservation of Foreign Exchange and Prevention of Smuggling Ac- tivities Act, 1974-Section 3(i), 8(b ), 8(f) and 9(i)-Right of detenu to make representation to the declaring authority-None- intimation of-Held, if the detenu is not intimated of his right to make a representation to the authority issuing the declaration, the Constitutional right conferred under Article 22(5) gets infringed vitiating any further detention-But that would not by itself vitiate the initial order of detention- subsequent infraction of the detenu 's right or of non-compliance of the procedure
Where later benches applied it
- 2013 Abdul Nasar Adam Ismail through Abdul Basheer Adam Ismail v. The State of Maharashtra & Ors
- 2007 Sayed Abul Ala v. Union of India and Ors.
- 2007 Union of India and Anr. v. Harish Kumar
Of those, 1 relied on · 2 mentioned
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