VidhiSangh

Supreme Court of India · 12/09/2024

JASEELA SHAJI versus THE UNION OF INDIA & ORS

[2024] 9 S.C.R. 313 · 2024 INSC 683

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Summary

The Supreme Court quashed a COFEPOSA detention order and its confirmation on two grounds: statements of a witness that the detaining authority relied on were not supplied to the detenu, denying him an effective representation under Article 22(5); and his representations, sent by the jail by ordinary post and lost, were decided only about nine months later, with unexplained delay even after they reached the authorities.

Issues

  1. Whether non-supply of a witness's statements relied on in the grounds of detention violated the detenu's right to make an effective representation under Article 22(5) of the Constitution.
  2. Whether Section 5A of COFEPOSA saved the detention on the footing that it could be sustained on the remaining material once the unsupplied statements were excluded.
  3. Whether non-receipt of the representations sent by the jail by ordinary post, and the delay in deciding them, vitiated the detention.

Provisions considered

Held

Result

Appeal allowed (by order dated 31.07.2024, with these reasons); the High Court judgment, the detention order dated 31.08.2023 and the confirmation order dated 28.11.2023 quashed; detenu directed to be released forthwith if not required in any other case.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 313.