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Abdul Aziz Vs. Delhi Administration and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtSupreme Court of India
Decided On
Case NumberWrit Petition (Criminal) No. 1511 of 1981
Judge
Reported inAIR1981SC1389; 1981CriLJ1011; (1981)3SCC557
ActsNational Security Act; Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
AppellantAbdul Aziz
RespondentDelhi Administration and ors.
Cases ReferredSmt. Khatoon Begum v. Union of India
Excerpt:
.....may have been the- origin of hindu castes and tribes in ancient times, gradually castes came to be based on birth alone. a person who belonged by birth to a depressed caste or tribe would find it very difficult, if not impossible, to attain the status of a higher caste by virtue of his volition, education, culture and status. the caste status of a person had to be determined in the light of the recognition received by him from the members of the caste into which he sought an entry ; unilateral acts of such a person asserting a higher status were not enough to establish the higher status. it is to be hoped that this position will change, and in course of time the cherished ideal of castless society truly based on social equality will be attained under the powerful impact of the doctrine..........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 : 1981crilj606 . 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.....
Judgment:

O. Chinnappa Reddy, J.

1. 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 : 1981CriLJ606 . 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.


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