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december 1985

Supreme Court of India · 1985-12-20

SATAR HABIB HAMDANI ETC vs K.S. DILIPSINHJI & ORS.

Citation / case number
SC 1985/67123
Court
Supreme Court of India
Petitioner
SATAR HABIB HAMDANI ETC
Respondent
K.S. DILIPSINHJI & ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that under Sections 3, 8, 9, and 10 of the COFEPOSA Act, the Advisory Board must explicitly state that there is sufficient cause for the 'continued detention' of a detenu for a period exceeding one year. The Court ruled that the absence of such an opinion renders the detention beyond one year unlawful, leading to the immediate release of the appellants. The judgment emphasized that the Advisory Board's opinion must specifically address 'continued detention' rather than merely affirming the necessity of detention.

SATAR HABIB HAMDANI ETC vs K.S. DILIPSINHJI & ORS. · Niyam