Supreme Court of India
S.M.F. Sultan Abdul Kader v. Jt. Secy., to Govt. of India and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the order of detention was passed by the detaining authority not in lawful exercise of the power vested in him.
Judgment, page 3
From the headnote
COFEPOSA Act-1974---S 3(1)--Detention-Explanation for the delay of 1 7 months from the date of the detention order to executing it not satisfactory and not borne out by the records· That the detenu was not traceable not substantiated-unreasonable delay robs the justification for detention--Constitution of India 1950--Article 32. An order detaining the appellant was made on 14-3-1996 though he was actually detained only on 7.8.97. The appellant challenged the detention on the grounds that there was a delay in making the detention order and executing it and that he was not given a copy of the
Where later benches applied it
Of those, 1 relied on
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