UNION OF INDIA versus NISAR PALLATHUKADAVIL ALIYAR

UNION OF INDIA versus NISAR PALLATHUKADAVIL ALIYAR

The petition challenging the Advisory Board opinion dated 22.07.2019 is not maintainable because the Advisory Board's opinion under Section 8 of the COFEPOSA Act is advisory, neither judicial nor quasi-judicial, and (except for the non-confidential statement of opinion) the report is confidential and not amenable to merits review; where the Advisory Board reports there is no sufficient cause the appropriate government is obliged under Section 8(f) to revoke the detention order and release the detenu.

Parties
Petitioner: Union of India; Respondent / Detenu: Nisar Pallathukadavil Aliyar
Jurisdiction
India
Judgment Date
21 August 2019
Procedural Posture
Special Leave Petition (criminal) / Final Judgment and Disposal by the Supreme Court (petition Dismissed)
Outcome
Special Leave Petition dismissed; Advisory Board opinion maintained and detenu directed to be released forthwith.
Legal Topics
Advisory Board Opinion, Justiciability, Confidentiality of Proceedings, Article 22 Procedure
Constitutional Law Preventive Detention Administrative Law Advisory Board Opinion Justiciability Confidentiality of Proceedings Article 22 Procedure

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Parties

Union of India

Petitioner

Nisar Pallathukadavil Aliyar

Respondent / Detenu

Procedural Posture

Special Leave Petition (criminal) / Final Judgment and Disposal by the Supreme Court (petition Dismissed)

Legal Issues

  1. 1 Whether the opinion of the Advisory Board under Section 8 of the COFEPOSA Act is justiciable or subject to challenge in courts
  2. 2 Whether the Advisory Board's opinion is judicial or quasi-judicial in nature
  3. 3 Whether the appropriate government is bound to revoke a detention order when the Advisory Board reports there is no sufficient cause

Ratio Decidendi

The petition challenging the Advisory Board opinion dated 22.07.2019 is not maintainable because the Advisory Board's opinion under Section 8 of the COFEPOSA Act is advisory, neither judicial nor quasi-judicial, and (except for the non-confidential statement of opinion) the report is confidential and not amenable to merits review; where the Advisory Board reports there is no sufficient cause the appropriate government is obliged under Section 8(f) to revoke the detention order and release the detenu.

Court Disposition

Special Leave Petition dismissed; Advisory Board opinion maintained and detenu directed to be released forthwith.

Orders

  • Special Leave Petition (Criminal) No. 7016 of 2019 dismissed.
  • Special Leave Petition (Criminal) No. 7021 of 2019 dismissed.