SMT. POONAM LATA versus M.L. WADHAWAN & ORS.

SMT. POONAM LATA versus M.L. WADHAWAN & ORS.

The period during which the detenu was released on parole must be excluded in reckoning the maximum period of detention under COFEPOSA; only periods of actual custody pursuant to the detention order are to be counted. The Court has no jurisdiction to grant parole under COFEPOSA; only the appropriate government may do so under s.12. The writ petition is dismissed as the detention period has not yet expired, excluding the period of parole.

Parties
Petitioner: Smt. Poonam Lata; Respondents: M.L. Wadhawan & Ors.
Jurisdiction
India
Judgment Date
22 April 1987
Procedural Posture
Writ Petition (criminal) No. 292 of 1986 / Final Decision on Article 32 Habeas Corpus Petition
Outcome
Petition dismissed
Legal Topics
COFEPOSA Act, Preventive Detention, Parole, Computation of Detention Period, Judicial Review of Administrative Action
Constitutional Law Criminal Law Preventive Detention COFEPOSA Act Parole Computation of Detention Period Judicial Review of Administrative Action

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Parties

Smt. Poonam Lata

Petitioner

M.L. Wadhawan & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 292 of 1986 / Final Decision on Article 32 Habeas Corpus Petition

Legal Issues

  1. 1 Whether period of parole can be counted towards maximum detention period under COFEPOSA
  2. 2 Whether court is competent to grant parole to a detenu under COFEPOSA
  3. 3 Computation of detention period under section 10 of COFEPOSA

Ratio Decidendi

The period during which the detenu was released on parole must be excluded in reckoning the maximum period of detention under COFEPOSA; only periods of actual custody pursuant to the detention order are to be counted. The Court has no jurisdiction to grant parole under COFEPOSA; only the appropriate government may do so under s.12. The writ petition is dismissed as the detention period has not yet expired, excluding the period of parole.

Court Disposition

Petition dismissed

Orders

  • Petitioner to surrender to custody to undergo remaining period of detention; ten days granted to comply; failing which a non-bailable warrant for arrest shall issue.
  • No order as to costs.