Supreme Court of India · 2001-11-05
Gurdev Singh vs Union Of India & Ors
- Citation / case number
- AIR 2002 SUPREME COURT 10
- Court
- Supreme Court of India
- Petitioner
- Gurdev Singh
- Respondent
- Union Of India & Ors
- Author
- D.P.Mohapatra
- Bench
- D.P. Mohapatra, Shivaraj V. Patil
Judgment text excerpt
The Supreme Court addressed the legality of a detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act). The Court held that even if the detenu has completed the period of detention, the legality of the detention order can still be challenged to prevent future actions based on it. The appeal against the Delhi High Court's dismissal of the writ petition was thus considered valid, emphasizing the importance of judicial review in detention matters under Article 22 of the Constitution.