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april 1990

Supreme Court of India · 1990-04-17

ABDU SALAM @ THIYYAN S/O THIYYAN MOHAMMAD,DETENU NO. 962, G vs UNION OF INDIA AND OTHERS

Citation / case number
SC 1990/77141
Court
Supreme Court of India
Petitioner
ABDU SALAM @ THIYYAN S/O THIYYAN MOHAMMAD,DETENU NO. 962, G
Respondent
UNION OF INDIA AND OTHERS
Author
K. JAYACHANDRA REDDY
Bench
K. JAYACHANDRA REDDY

Judgment text excerpt

The Supreme Court upheld the detention of the appellant under Section 3(1)(i) and 3(1)(iii) of the COFEPOSA Act, 1974, ruling that delays in making the detention order and in arresting the detenu do not automatically invalidate the detention if reasonably explained. The Court emphasized that the subjective satisfaction of the detaining authority remains valid despite delays, provided they are justified. The appeal was dismissed, affirming the legality of the detention order.

ABDU SALAM @ THIYYAN S/O THIYYAN MOHAMMAD,DETENU NO. 962, G vs UNION OF INDIA AND OTHERS · Niyam