Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1994

Supreme Court of India · 1994-05-12

ATTORNEY GENERAL FOR INDIA vs AMRATLAL PRAJIVANDAS

Citation / case number
SC 1978/90425
Court
Supreme Court of India
Petitioner
ATTORNEY GENERAL FOR INDIA
Respondent
AMRATLAL PRAJIVANDAS
Author
A.M.AHMADI , P.B.SAWANT , K.RAMASWAMY , JAYACHANDRA K.REDDY , S.C.AGRAWAL
Bench
A.M.AHMADI , P.B.SAWANT , K.RAMASWAMY , JAYACHANDRA K.REDDY , S.C.AGRAWAL

Judgment text excerpt

The Supreme Court addressed the constitutional validity of COFEPOSA and SAFEMA, particularly in light of Article 359(1) and Article 22 of the Constitution of India. The Court held that the detention orders under COFEPOSA were invalid due to violations of Article 22(4) and (5), thus rendering them inadequate as a basis for action under SAFEMA. The Court emphasized that while fundamental rights were suspended, the right to challenge the legality of detention remained, and the definitions under SAFEMA were deemed excessively broad and arbitrary, infringing Articles 14, 19, and 21.

ATTORNEY GENERAL FOR INDIA vs AMRATLAL PRAJIVANDAS · Niyam