VidhiSangh

Supreme Court of India · 08/04/2019

NARENDER KUMAR versus UNION OF INDIA AND OTHERS

[2019] 6 S.C.R. 482 · 2019 INSC 470

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Summary

The Supreme Court dismissed two appeals challenging preventive detention and the resulting basis for SAFEMA proceedings. In the principal appeal, release after the Emergency and dismissal of an earlier habeas petition as infructuous did not bring the detention within the statutory exceptions excluding SAFEMA. Pursuant to an earlier remand, the Court also examined and rejected the substantive detention objections. The companion appeal’s document-supply and delay objections likewise failed on the record.

Issues

  1. Whether revocation after the Emergency excluded SAFEMA applicability.
  2. Whether the earlier remand required examination of detention merits.
  3. Whether either detention challenge succeeded on merits.

Provisions considered

Held

Result

Both criminal appeals dismissed. The principal detention challenge and challenge to the SAFEMA forfeiture failed; the companion detention challenge also failed.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 482.