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.