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

july 1998

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.

KARIMABEN K BAGAD vs STATE OF GUJARAT · Niyam