SABIR AHMED versus UNION OF INDIA AND ORS.

SABIR AHMED versus UNION OF INDIA AND ORS.

Non-consideration by the Central Government of the detenu's representation for revocation under Section 11 of COFEPOSA for about four months violates statutory and constitutional safeguards, rendering the detention illegal and unsustainable.

Parties
Petitioner: Sabir Ahmed; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
18 April 1980
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition allowed; detention order set aside.
Legal Topics
Preventive Detention, Representation for Revocation, COFEPOSA, Article 22(5)
Constitutional Law Administrative Law Criminal Law Preventive Detention Representation for Revocation COFEPOSA Article 22(5)

Case Brief

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Parties

Sabir Ahmed

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether the Central Government is bound to consider the detenu's representation for revocation under Section 11 of COFEPOSA and whether non-consideration renders detention illegal.
  2. 2 Is prompt consideration of representation by Central Government a constitutional/statutory duty?

Ratio Decidendi

Non-consideration by the Central Government of the detenu's representation for revocation under Section 11 of COFEPOSA for about four months violates statutory and constitutional safeguards, rendering the detention illegal and unsustainable.

Court Disposition

Petition allowed; detention order set aside.

Orders

  • Detenu ordered to be released.