Supreme Court of India · 1998-07-22
KARIMABEN K BAGAD vs STATE OF GUJARAT
- Citation / case number
- SC 1997/13318
- Court
- Supreme Court of India
- Petitioner
- KARIMABEN K BAGAD
- Respondent
- STATE OF GUJARAT
- Author
- V.N. KHARE A.S. ANAND
- Bench
- V.N. KHARE A.S. ANAND
Judgment text excerpt
The Supreme Court held that the revocation of a detention order under COFEPOSA does not render the challenge to the order of detention infructuous, as the validity of the order is a condition precedent for initiating proceedings under SAFEMA. The Court found that the High Court's dismissal of the writ petition without addressing the merits was erroneous, allowing the petitioner to contest the detention order in the context of SAFEMA proceedings. Consequently, the judgment of the High Court was set aside, and the petitioner was granted the right to challenge the detention order.