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.