VidhiSangh

Supreme Court of India · 22/11/2019

UNION OF INDIA THROUGH JOINT SECRETARY (COFEPOSA), MINISTRY OF FINANCE, NEW DELHI versus ANKIT ASHOK JALAN

[2019] 14 S.C.R. 169 · 2019 INSC 1276

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Summary

The Union challenged quashing of two COFEPOSA detention orders against persons already in judicial custody. The Supreme Court found that the authority had considered their custody, likely release and propensity to resume prejudicial activities on the material before it. Non-consideration of a co-accused’s retraction did not invalidate these orders because neither sponsoring nor detaining authority knew of it when detention was ordered. The orders were restored.

Issues

  1. Whether existing judicial custody invalidated the preventive detention orders in the circumstances.
  2. Whether non-consideration of a co-accused’s retraction vitiated subjective satisfaction.
  3. Whether the connected petitions concerning statutory protection warranted relief.

Held

Result

The Union’s appeal was allowed, the High Court judgment set aside and both detention orders restored. Ashok Kumar Jalan and Amit Jalan were to be taken into custody forthwith. The respondent’s special leave petition and the three connected writ petitions were dismissed.

Judgment PDF: Supreme Court of India, [2019] 14 S.C.R. 169.