RABARI KISHA RAIYA CHHELANA v. STATE OF GUJARAT
Case at a glance
Provisions considered
- Constitution of India art. 22(5)
Judgment
CORAM : MR.JUSTICE S.K.KESHOTE Date of decision: 27/02/2001 ORAL JUDGEMENT #. Challenge is made by the petitioner to the order dated 19-9-2000 of the District Magistrate, Porbandar under which he was detained as a bootlegger. #. One of the contentions raised is that the copies of statements of witnesses recorded in the criminal complaints No.114/2000 and 121/2000 have not been supplied to the petitioner by the detaining authority. It is further submitted that in the representation filed by the petitioner against the detention order, this grievance has also been made. #. This factual position has not been controverted by the learned counsel for the respondents. It is a clear case where the petitioner has been denied of his right of making effective representation against the detention order as conferred upon him under Article 22(5) of the Constitution of India. #. In the result, this petition succeeds and the same is allowed. The order of detention of the petitioner dated 19-9-2000 is quashed and set aside. The petitioner Rabari Kisha Raiya Chhelana, the detenu, at present in Baroda District Prison be set at liberty forthwith, if he is not required in any other case. Rule is made absolute. No order as to costs. ********** zgs/-
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 22(5).
Which court decided this case, and when?
Gujarat High Court, on 27 Feb 2001. The bench was S K KESHOTE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.