SUNIL FULCHAND SHAH versus UNION OF INDIA AND ORS.

SUNIL FULCHAND SHAH versus UNION OF INDIA AND ORS.

Period of detention under COFEPOSA is computed from the date of actual detention, not from the date of the detention order. Parole does not interrupt the period of detention; the period spent on parole is included in the computation of the total period of detention unless otherwise specifically provided by order or rules. Where a High Court sets aside a detention order and the Supreme Court restores it, the question of enforcing the remaining period depends on lapse of time and whether there exists a proximate temporal nexus between the detention period and the appellate order.

Parties
Petitioner: Sunil Fulchand Shah; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
16 February 2000
Procedural Posture
Writ Petition and Special Leave Petition / Final Judgment by Supreme Court
Outcome
Writ Petitions allowed; Special Leave Petition disposed of. Detenus need not be directed to undergo remaining period of detention after long lapse of time.
Legal Topics
Computation of Detention Period, Parole Under COFEPOSA, Temporary Release, Distinction Between Parole and Bail
Preventive Detention Criminal Law Constitutional Law Computation of Detention Period Parole Under COFEPOSA Temporary Release Distinction Between Parole and Bail

Case Brief

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Parties

Sunil Fulchand Shah

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition and Special Leave Petition / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether the period of detention is fixed from specified dates in detention order or extended by period of parole
  2. 2 Effect of wrongful release due to High Court order subsequently reversed by Supreme Court

Ratio Decidendi

Period of detention under COFEPOSA is computed from the date of actual detention, not from the date of the detention order. Parole does not interrupt the period of detention; the period spent on parole is included in the computation of the total period of detention unless otherwise specifically provided by order or rules. Where a High Court sets aside a detention order and the Supreme Court restores it, the question of enforcing the remaining period depends on lapse of time and whether there exists a proximate temporal nexus between the detention period and the appellate order.

Court Disposition

Writ Petitions allowed; Special Leave Petition disposed of. Detenus need not be directed to undergo remaining period of detention after long lapse of time.

Orders

  • Detenus not required to undergo remaining period of detention due to lack of proximate nexus and lapse of time.