Revocation of Detention Order in Gold Smuggling Cases
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Published date: November 20, 2023
- Location: Janak Puri, New Delhi, South West Delhi, Delhi, India
Sabir Ahmed v. Union of India [W P (Civil) No. 168/1980], wherein the Hon’ble Supreme Court held that there is no substance in the argument of the Central Government that it is under no duty to consider representation made to it by the detenu if it simply reiterate the same statement of facts, allegations, and arguments which were contained in the representation made to the detaining authority cause in the day to day experience facts which are considered as not so essential by a Tribunal or Competent authority but these facts thereto appeared too essential by a higher court upon appeal. Section 11 of the said act is a supervisory as well as discretionary power conferred to the Central Government. It is a discretionary power coupled with a duty. This duty is inherent in the very nature of the court. This is intended to be an auxiliary safeguard or check against the improper exercise of its power of detention by the detaining authority or the State Government. That’s why in the present case the Supreme Court set aside the detention and directed release of the detenu after observing unreasonable delay from the end of the Central Government to hear the detenu under Section 11 of the said Act.
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