Case Law Details
Neeraj Varshney Vs Ministry of Finance Department of Revenue (Delhi High Court)
Preventive Detention Under Section 3 of Cofeposa Act Is Not Sustainable If Legible And Translated Copies of Ruds Not Been Supplied to Detenue
The Ministry of finance department of revenue passed a preventive detention order dated 01.02.2022 against the petitioner and accordingly he was detained in the month of February 2022. The detention order dated 01.01.2022 was impugned before Hon’ble Delhi High Court. The Hon’ble Delhi High court vide Judgment dated 22.12.2022 quashed and set-aside the detention order with observation that:
“We, therefore, answer both the issues by observing that, the Detaining Authority gravely erred in relying upon the illegible documents which is equivalent to non-placement of translated-RUDs in a language which the detenu understands; by the act of omitting them from due consideration, which consequently vitiates the ‘subjective satisfaction’ arrived at by the Detaining Authority”.
Petitioner represented by Sh. Tarun Gulati, Sr. Advocate, R P Singh, Advocate, Priyanka Goel, Shivam Tyagi, Kumar Sambhav.
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