Supreme Court of India · 2004-07-29
Maulavi Hussein Haji Abraham Umari vs State Of Gujarat And Anr
- Citation / case number
- AIR 2004 SUPREME COURT 3946
- Court
- Supreme Court of India
- Petitioner
- Maulavi Hussein Haji Abraham Umari
- Respondent
- State Of Gujarat And Anr
- Author
- Arijit Pasayat
- Bench
- S.N. Variava, Arijit Pasayat
Judgment text excerpt
The Supreme Court interpreted Section 49(2) of the Prevention of Terrorism Act, 2002, clarifying that the provision does not grant unlimited authority to the police to seek custody beyond the statutory limits set by Section 167 of the Code of Criminal Procedure, 1973. The Court held that the application of Section 49(2)(b) is restricted to a maximum period of 30 days, and any interpretation extending this period would contradict legislative intent. The appeal was dismissed, affirming the High Court's decision regarding the legality of police custody.