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may 1998

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.

S M F SULTAN ABDUL KADER vs JT.SECY.,TO GOVT.OF INDIA · Niyam