VidhiSangh

Supreme Court of India · 04/03/2020

ANKIT ASHOK JALAN versus UNION OF INDIA AND ORS.

[2020] 2 S.C.R. 1047 · 2020 INSC 266

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

By majority, the Supreme Court quashed COFEPOSA detention orders because the specially empowered detaining officer deferred consideration of the detenues’ representations until the Advisory Board reported. The officer’s duty to consider representations independently and promptly differed from the appropriate Government’s role. Unexplained inaction from 27 November 2019 to 14 January 2020 violated the detenues’ constitutional rights. Hemant Gupta J dissented.

Issues

  1. Whether a specially empowered detaining officer could await the Advisory Board’s report before deciding a representation.
  2. Whether the delay in these cases violated Article 22(5).

Provisions considered

Held

Result

Writ petition allowed by majority; detention orders quashed and detenues directed to be released forthwith unless custody was required in other proceedings or crime.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 1047.