IBRAHIM BACHU BAFAN & ANR. ETC. versus STATE OF GUJARAT & ORS .

IBRAHIM BACHU BAFAN & ANR. ETC. versus STATE OF GUJARAT & ORS .

Where a previous COFEPOSA detention order was quashed by the court in exercise of extraordinary writ jurisdiction (and not revoked by the detaining authority under s. 11(1)), s. 11(2) does not permit making a fresh detention order on the same grounds. Hence, detention orders passed in such circumstances are invalid in law.

Parties
Petitioner: Ibrahim Bachu Bafan; Petitioner: Anr.; Respondent: State of Gujarat; Respondent: Ors.
Jurisdiction
India
Judgment Date
12 February 1985
Procedural Posture
Writ Petition (criminal) / Supreme Court Original Jurisdiction, Final Decision
Outcome
Petition allowed; impugned detention orders quashed.
Legal Topics
Preventive Detention, Revocation of Detention Orders, Interpretation of Statutes
Constitutional Law Administrative Law Criminal Law Preventive Detention Revocation of Detention Orders Interpretation of Statutes

Case Brief

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Parties

Ibrahim Bachu Bafan

Petitioner

Anr.

Petitioner

State of Gujarat

Respondent

Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Supreme Court Original Jurisdiction, Final Decision

Legal Issues

  1. 1 Whether the power under s. 11(2) of the COFEPOSA Act may be exercised when a previous detention order has been quashed by a High Court in writ jurisdiction, rather than revoked under s. 11(1).
  2. 2 The meaning of 'revocation' and whether a court's quashing of a detention order constitutes 'revocation' within the meaning of s. 11(2) of COFEPOSA.

Ratio Decidendi

Where a previous COFEPOSA detention order was quashed by the court in exercise of extraordinary writ jurisdiction (and not revoked by the detaining authority under s. 11(1)), s. 11(2) does not permit making a fresh detention order on the same grounds. Hence, detention orders passed in such circumstances are invalid in law.

Court Disposition

Petition allowed; impugned detention orders quashed.

Orders

  • Petitioners are directed to be set at liberty forthwith.