VidhiSangh

Supreme Court of India · 10/04/2018

SECRETARY TO GOVERNMENT OF TAMIL NADU PUBLIC (LAW AND ORDER) REVENUE DEPARTMENT & ANR. versus KAMALA & ANR.

[2018] 3 S.C.R. 854 · 2018 INSC 320

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Summary

The Supreme Court set aside a High Court judgment quashing a COFEPOSA detention order solely because it omitted a detention period. The larger-Bench decision in T. Devaki had overruled Bhiryani, on which the High Court relied: the legislation did not require specification, and omission did not itself invalidate detention. The detention order stood revived, but its period had already expired, so no further action remained beyond correcting the legal position.

Issues

  1. Whether omission of the detention period invalidated the COFEPOSA order.
  2. What relief remained after expiry of the detention period.

Held

Result

Appeal disposed of; High Court judgment set aside and detention order revived. Since the detention period had expired, no further action remained.

Judgment PDF: Supreme Court of India, [2018] 3 S.C.R. 854.