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Supreme Court of India 2021-03-15 allowed

Sanjay Kanubhai Tanti vs Superintendent & Ors

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

A detenu challenged his detention on the ground that the Advisory Board hearing was conducted unfairly: he received written notice only hours before the hearing, was denied translated materials and information, and was given no time to arrange legal representation. The Court held that preventive detention law requires a fair and effective hearing with advance notice and opportunity to prepare. A hearing conducted as a mere formality, without substance or proper notice, violates the detenu's rights. Following established precedent, the Court set aside the detention order and ordered the detenu's immediate release.

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Preventive Detention Fundamental Rights Constitutional Law Administrative Law Due Process

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