K.M. ABDULLA KUNHI AND B.L. ABDUL KHADER versus UNION OF INDIA AND ORS., STATE OF KARNATAKA AND ORS.

K.M. ABDULLA KUNHI AND B.L. ABDUL KHADER versus UNION OF INDIA AND ORS., STATE OF KARNATAKA AND ORS.

The confirmation of detention order before independent consideration of detenu's representation is not invalid per se; as long as Government considers the representation without delay and with unbiased mind, even after confirmation, the detention is valid. Previous decisions in V.J. Jain, Om Prakash Bahl, and Khairul Haque, which held otherwise, are overruled.

Parties
Petitioner: K.M. Abdulla Kunhi; Petitioner: B.L. Abdul Khader; Respondent: Union of India; Respondent: State of Karnataka
Jurisdiction
India
Judgment Date
23 January 1991
Procedural Posture
Writ Petition (crl.) / Special Leave Petition (criminal) Under Article 32 of the Constitution of India / Constitution Bench Decision
Outcome
Petitions disposed of; previous law overruled
Legal Topics
Preventive Detention, Representation by Detenu, Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Constitutional Law Criminal Law Preventive Detention Representation by Detenu Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974

Case Brief

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Parties

K.M. Abdulla Kunhi

Petitioner

B.L. Abdul Khader

Petitioner

Union of India

Respondent

State of Karnataka

Respondent

Procedural Posture

Writ Petition (crl.) / Special Leave Petition (criminal) Under Article 32 of the Constitution of India / Constitution Bench Decision

Legal Issues

  1. 1 Whether confirmation of detention order before consideration of representation of detenu is valid
  2. 2 Whether subsequent consideration of the representation cures any invalidity
  3. 3 Obligation of Government to consider representation independently

Ratio Decidendi

The confirmation of detention order before independent consideration of detenu's representation is not invalid per se; as long as Government considers the representation without delay and with unbiased mind, even after confirmation, the detention is valid. Previous decisions in V.J. Jain, Om Prakash Bahl, and Khairul Haque, which held otherwise, are overruled.

Court Disposition

Petitions disposed of; previous law overruled

Orders

  • Matters placed before Division Bench for final disposal