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COFEPOSA Act, 1974 was invalid due to the reliance on statements from a co-detainee, Mohammed Mustaffa, whose detention was revoked by the Advisory Board.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.