NEW DELHI: The Supreme Court has quashed the detention order against B Mohammed Haris detained under the charge of abetting smuggling of red sanders out of the country. A Bench comprising Justice Dalveer Bhandari and Justice Asok Kumar Ganguly in a judgment directed his release.
Writing the judgment for the Bench, Justice Bhandari said on proper construction of clause (5) of Article 22 read with section 3 (3) of COFEPOSA Act, it is imperative for valid continuance of detention that the detenu must be supplied all documents, statements and other materials relied upon on the grounds of detention. On the ground of not supplying the relied upon document, continued detention becomes illegal and the detention order has to be quashed on that ground alone, he felt.
Appeals were filed in the apex court challenging the judgment of the High Court on November 8, 2008, wherein both the Habeas Corpus Writ Petitions were dismissed.
Initially, Thahira Haris, wife of the detenu, challenged the order of detention dated May 24, 2008, passed by the Additional Secretary & Principal Secretary to the Government of Karnataka, Home Department.
"The petition was filed by Mahalakshmi Pavani.
Our Constitution provides adequate safeguards to the detenu who has been detained in pursuance of the order made under any law providing for preventive detention. He has the right to be supplied copies of all documents and other materials relied upon on the grounds of detention without any delay," Justice Bhandari added.
