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august 1989

Supreme Court of India · 1989-08-23

T.A. ABDUL RAHMAN vs STATE OF KERALA AND ORS.

Citation / case number
SC 1989/72626
Court
Supreme Court of India
Petitioner
T.A. ABDUL RAHMAN
Respondent
STATE OF KERALA AND ORS.
Author
S.R. PANDIAN
Bench
S.R. PANDIAN

Judgment text excerpt

The Supreme Court examined the legality of a detention order under Section 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, focusing on the time lag between the order and the arrest. The Court held that a significant delay of 11 months in executing the detention order raises questions about the subjective satisfaction of the detaining authority, potentially violating Article 22(5) of the Constitution. Consequently, the Court quashed the detention order due to the lack of a rational nexus between the alleged activities and the detention.

T.A. ABDUL RAHMAN vs STATE OF KERALA AND ORS. · Niyam