Supreme Court of India · 1998-05-28
S M F SULTAN ABDUL KADER vs JT.SECY.,TO GOVT.OF INDIA
- Citation / case number
- SC 1997/20778
- Court
- Supreme Court of India
- Petitioner
- S M F SULTAN ABDUL KADER
- Respondent
- JT.SECY.,TO GOVT.OF INDIA
- Author
- NANAVATI
- Bench
- S.SAGHIR AHMAD G.T. NANAVATI
Judgment text excerpt
The Supreme Court held that the detention order under Section 3(1) of the COFEPOSA Act, 1974 was invalid due to undue delay in execution, which raised doubts about the detaining authority's genuine satisfaction regarding the necessity of immediate detention. The Court found that no serious efforts were made to apprehend the petitioner between the order's issuance on 14.3.1996 and his detention on 7.8.1997. Consequently, the Court quashed the detention order and directed the petitioner's immediate release unless required in connection with another case.