Supreme Court of India · 1989-05-01
SUNIL FULCHAND SHAH vs UNION OF INDIA .
- Citation / case number
- SC 1988/68080
- Court
- Supreme Court of India
- Petitioner
- SUNIL FULCHAND SHAH
- Respondent
- UNION OF INDIA .
- Author
- R.S. () PATHAK
- Bench
- R.S. (CJ) PATHAK
Judgment text excerpt
The Supreme Court referred cases concerning preventive detention to a five-judge bench, emphasizing the public importance of determining whether parole periods should count towards total detention time under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Court noted that the detaining authority's subjective judgment dictates the detention period, and addressed the implications of erroneous High Court decisions on detenu releases. The earlier judgments in State of Gujarat v. Adam Kasam Bhaya and others were affirmed, while the need for legislative clarity was highlighted.