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july 2003

Supreme Court of India · 2003-07-28

Safiya vs Government Of Kerala & Ors

Citation / case number
AIR 2003 SUPREME COURT 3562
Court
Supreme Court of India
Petitioner
Safiya
Respondent
Government Of Kerala & Ors
Author
Ar. Lakshmanan
Bench
M.B. Shah, Ar. Lakshmanan

Judgment text excerpt

The Supreme Court held that the detention order under Section 3(i)(iv) of the COFEPOSA Act, 1974 against T.P. Moideen Koya was invalid due to the failure to consider the Advisory Board's opinion that revoked the detention of a key witness, Mohammed Mustaffa. The Court emphasized that the detaining authority must consider all relevant materials, including those that may exonerate the detenu. The appeal was allowed, overturning the High Court's decision that upheld the detention order.

Safiya vs Government Of Kerala & Ors · Niyam