K.P.M. BASHEER ETC. versus STATE OF KARNATAKA AND ANR. ETC.

K.P.M. BASHEER ETC. versus STATE OF KARNATAKA AND ANR. ETC.

Order of detention cannot be sustained as undue and unreasonable delay in securing and detaining the appellant breaks the live and proximate link between grounds and purpose of detention; detention order is liable to be set aside on this ground alone.

Parties
Appellant/petitioner: K.P.M. Basheer; Respondent: State of Karnataka; Respondent: Union of India
Jurisdiction
India
Judgment Date
28 February 1992
Procedural Posture
Criminal Appeal and Writ Petition / Supreme Court Appeal From Karnataka High Court; Writ Petition Under Article 32
Outcome
appeal allowed; impugned detention order quashed
Legal Topics
Detention Under COFEPOSA, Delay in Execution of Detention Order, Article 22(5) of Constitution
Criminal Law Constitutional Law Preventive Detention Detention Under COFEPOSA Delay in Execution of Detention Order Article 22(5) of Constitution

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Parties

K.P.M. Basheer

Appellant/petitioner

State of Karnataka

Respondent

Union of India

Respondent

Procedural Posture

Criminal Appeal and Writ Petition / Supreme Court Appeal From Karnataka High Court; Writ Petition Under Article 32

Legal Issues

  1. 1 Whether undue and unreasonable delay in execution of detention order renders it unsustainable under COFEPOSA Act, 1974 Section 3(1)
  2. 2 Whether arresting authorities took sufficient and sincere efforts to secure the detenu
  3. 3 Violation of Article 22(5) of Constitution relating to representation and its timely disposal

Ratio Decidendi

Order of detention cannot be sustained as undue and unreasonable delay in securing and detaining the appellant breaks the live and proximate link between grounds and purpose of detention; detention order is liable to be set aside on this ground alone.

Court Disposition

appeal allowed; impugned detention order quashed

Orders

  • order of High Court set aside
  • detenu (K.P.M. Basheer) directed to be set at liberty forthwith