SUNIL FULCHAND SHAH versus UNION OF INDIA & OTHERS
The matter, concerning whether preventive detention period is fixed or extendable by periods of parole or erroneous release, is of great public importance and requires reconsideration by a five Judge Bench.
- Parties
- Petitioner: Sunil Fulchand Shah; Respondents: Union of India & Others; Respondent: State of Gujarat
- Jurisdiction
- India
- Judgment Date
- 01 May 1989
- Procedural Posture
- Writ Petition (criminal) and Special Leave Petition (criminal) / Referral to a Bench of Five Judges
- Outcome
- Cases referred to a Bench of Five Judges for reconsideration of the law on the point.
- Legal Topics
- Period of Preventive Detention, Parole and Detention Orders, Erroneous Release by High Court, Re Detention After Supreme Court Reversal
Case Brief
Summary, issues, holding and outcome
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Parties
Sunil Fulchand Shah
Petitioner
Union of India & Others
Respondents
State of Gujarat
Respondent
Procedural Posture
Writ Petition (criminal) and Special Leave Petition (criminal) / Referral to a Bench of Five Judges
Legal Issues
- 1 Whether period of preventive detention is fixed or extendable by parole or release due to erroneous High Court decisions
- 2 Treatment of period spent on parole within preventive detention
- 3 Legal remedy for detention interrupted by judicial release
Ratio Decidendi
The matter, concerning whether preventive detention period is fixed or extendable by periods of parole or erroneous release, is of great public importance and requires reconsideration by a five Judge Bench.
Court Disposition
Cases referred to a Bench of Five Judges for reconsideration of the law on the point.
Orders
- Cases referred to a Bench of Five Judges.
Full Case Text
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