ABUUI AZIZ ALIAS AJJO Vs. DELHI ADMINISTRATION

JUDGEMENT

(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 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.