VidhiSangh

Supreme Court of India · 21/08/2019

UNION OF INDIA versus NISAR PALLATHUKADAVIL ALIYAR

[2019] 11 S.C.R. 405 · 2019 INSC 941

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Summary

The Court dismissed as not maintainable the Union’s special-leave petitions against COFEPOSA Advisory Board opinions finding no sufficient cause for detention. The Board’s function was advisory rather than judicial or quasi-judicial, and its opinion was not appealable as a tribunal’s determination. An opinion favouring release bound the Government under section 8(f). Release had been directed, and the connected detention-challenge writ petitions required no separate orders.

Issues

  1. Whether the Union could challenge a COFEPOSA Advisory Board’s opinion through special leave under Article 136.
  2. Effect of a Board opinion finding no sufficient cause for detention.

Provisions considered

Held

Result

Union’s SLPs (Criminal) 7016 and 7021 of 2019 dismissed as not maintainable; release followed the favourable Advisory Board opinions, with immediate release directed in the operative order. Connected writ petitions 220 and 210 of 2019 disposed of without separate orders.

Judgment PDF: Supreme Court of India, [2019] 11 S.C.R. 405.