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1981 Supreme(SC) 238
SUPREME COURT OF INDIA
O. CHINNAPPA REDDY, A.P. SEN AND BAHARUL ISLAM, JJ.
Abdul Aziz, Petitioner
Versus
Delhi Administration and others, Respondents.
Writ Petn. (Crl.) No. 1511 of 1981, D/- 7-4-1981.
Headnote:
Admitted position is that a copy of the statement of on which grounds of detention are based has not been supplied to detenu – Held, National Security Act it is not necessary to supply copies of documents on which orders of detention are based unlike cases of detention under the COFEPOSA - This question has already been considered by this Court in - In view of decision of this Court are unable to agree with the submission of learned counsel for respondents. Court have therefore no alternative except to direct release of detenu forthwith - Petition allowed.
Judgment
O. CHINNAPPA REDDY, J.:- The admitted position is that a copy of the statement of Mohd. Yamin on which the grounds of detention are based has not been supplied to the detenu. The detenu, we may mention here, is detained under the National Security Act and a point was sought to be made on behalf of the respondents that in cases of detention under the National Security Act it is not necessary to supply copies of documents on which orders of detention are based unlike cases of detention under the COFEPOSA. This question has already been considered by this Court in Writ Petitions Nos. 293, 391 and 392 of 1981, Smt. Khatoon. Begum v. Union of India decided on March 9, 1981: (reported in AIR 1981 SC 1077). In view of the decision of this Court we are unable to agree with the submission of the learned counsel for the respondents. We have, therefore, no alternative except to direct the release of the detenu forthwith. It is so ordered.
Petition allowed.
For Citation : AIR 1981 SC 1392
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