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july 2003

Supreme Court of India · 2003-07-28

SAFIYA vs GOVERNMENT OF KERALA .

Citation / case number
SC 2003/5989
Court
Supreme Court of India
Petitioner
SAFIYA
Respondent
GOVERNMENT OF KERALA .
Author
AR. LAKSHMANAN. M.B. SHAH
Bench
DR. AR. LAKSHMANAN. M.B. SHAH

Judgment text excerpt

The Supreme Court held that the detention of T.P. Moideen Koya under Section 3(i)(iv) of the COFEPOSA Act, 1974 was invalid due to the reliance on statements from a co-detainee, Mohammed Mustaffa, whose detention was revoked by the Advisory Board. The Court emphasized that the detaining authority must consider all relevant facts, including the revocation of Mustaffa's detention, before issuing a detention order. The appeal was allowed, overturning the High Court's decision that upheld the detention order.

SAFIYA vs GOVERNMENT OF KERALA . · Niyam