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Ramchandra A. Kamat vs Union Of India And Ors on 20 February, 1980

After noticing its earlier judgment in Ram Chandra A. Kamat v. Union of India (1980) 2 SCC 271, wherein it was held that if there is undue delay in furnishing the statements and documents referred to in the grounds of detention the right to make effective representation is denied and the detention cannot be said to be according to the procedure prescribed by law, the Supreme Court held that all the documents concerned are referred to, relied upon or taken into consideration by the detaining authority have to be supplied to the detenu as part of the grounds as to enable the detenu to make an effective representation immediately on receiving the grounds of detention. The same is not having been done, the continued detention must be held to be void. Further, the documents concerned were not examined by the detaining authority but by the Secretary. They were not placed before the detaining authority but they are concerned with the commission of offence. When the said documents which were placed before the Secretary were not supplied to the detenu, the Supreme Court held that the detention of the petitioner must be void.
Supreme Court of India Cites 4 - Cited by 87 - P S Kailasam - Full Document
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