SHYAM AMBALAL SIROYA versus UNION OF INDIA AND OTHERS

SHYAM AMBALAL SIROYA versus UNION OF INDIA AND OTHERS

Non-consideration of the detenu's properly addressed representation for revocation by the Central Government renders the continued detention not in accordance with procedure and therefore vitiates the detention order.

Source-derived case information.

Parties
Petitioner: Shyam Ambalal Siroya; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
20 February 1980
Procedural Posture
Writ Petition (cr.) No. 1414 of 1979 / Original Jurisdiction
Outcome
Petition allowed
Legal Topics
Detention Under COFEPOSA, Representation for Revocation, Consideration by Central Government
Constitutional Law Administrative Law Preventive Detention Detention Under COFEPOSA Representation for Revocation Consideration by Central Government

Source-derived case record

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Parties

Shyam Ambalal Siroya

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (cr.) No. 1414 of 1979 / Original Jurisdiction

Legal Issues

  1. 1 Whether non-consideration by the Central Government of detenu's representation for revocation under section 11 of COFEPOSA vitiates the detention order

Ratio Decidendi

Non-consideration of the detenu's properly addressed representation for revocation by the Central Government renders the continued detention not in accordance with procedure and therefore vitiates the detention order.

Court Disposition

Petition allowed

Orders

  • Continued detention held not according to procedure
  • Detenu's release already ordered