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.