SATAR HABIB HAMDANI ETC. versus K.S. DILIPSINHJI & ORS.

SATAR HABIB HAMDANI ETC. versus K.S. DILIPSINHJI & ORS.

In the absence of the Advisory Board stating sufficient cause for 'continued detention', detention for a period exceeding one year is without legal sanction under the COFEPOSA Act. The Board must expressly and specifically state its opinion on the necessity of continued detention for the extended period.

Parties
Appellant: Satar Habib Hamdani; Respondent: K.S. Dilipsinhji & Ors.
Jurisdiction
India
Judgment Date
20 December 1985
Procedural Posture
Criminal Appeal / Supreme Court Appeal From Order of Gujarat High Court in Special Criminal Application No. 494 of 1984
Outcome
Appeal allowed
Legal Topics
Preventive Detention, COFEPOSA, Role of Advisory Board, Procedural Safeguards
Constitutional Law Criminal Law Preventive Detention COFEPOSA Role of Advisory Board Procedural Safeguards

Case Brief

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Parties

Satar Habib Hamdani

Appellant

K.S. Dilipsinhji & Ors.

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal From Order of Gujarat High Court in Special Criminal Application No. 494 of 1984

Legal Issues

  1. 1 Whether, for detention under COFEPOSA extending beyond one year pursuant to s. 9, the Advisory Board must state its opinion that there is sufficient cause for 'continued detention'.

Ratio Decidendi

In the absence of the Advisory Board stating sufficient cause for 'continued detention', detention for a period exceeding one year is without legal sanction under the COFEPOSA Act. The Board must expressly and specifically state its opinion on the necessity of continued detention for the extended period.

Court Disposition

Appeal allowed

Orders

  • The appellants are directed to be set at liberty forthwith.