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november 2011

Supreme Court of India · 2011-11-17

UMMU SABEENA vs STATE OF KERALA .

Citation / case number
SC 2011/32841
Court
Supreme Court of India
Petitioner
UMMU SABEENA
Respondent
STATE OF KERALA .
Author
JAGDISH SINGH KHEHAR ASOK KUMAR GANGULY
Bench
JAGDISH SINGH KHEHAR ASOK KUMAR GANGULY

Judgment text excerpt

The Supreme Court held that the delay by the Central Government in considering the detenus' representations under Article 22(5) of the Constitution was excessive and violated the procedural safeguards provided for in the COFEPOSA Act. The Court emphasized that timely disposal of representations is crucial to ensure the legality of detention orders. Consequently, the Court quashed the detention orders and directed the release of the detenus, finding that the delay of over two months was unjustifiable.

UMMU SABEENA vs STATE OF KERALA . · Niyam