Supreme Court of India · 2013-04-02
ABDUL NASAR ADAM ISMAIL vs STATE OF MAHARASHTRA .
- Citation / case number
- SC 2013/4722
- Court
- Supreme Court of India
- Petitioner
- ABDUL NASAR ADAM ISMAIL
- Respondent
- STATE OF MAHARASHTRA .
- Author
- RANJANA PRAKASH DESAI
- Bench
- RANJANA PRAKASH DESAI T.S. THAKUR
Judgment text excerpt
The Supreme Court held that the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was invalid due to inordinate delay in considering the detenu's representation, violating Article 22(5) of the Constitution of India. The Court emphasized that delays at various stages indicated a casual approach by the State Government, which has been criticized in previous judgments. Consequently, the Court set aside the detention order, ruling that the procedural safeguards provided under the Constitution must be upheld.