1985 (2) TMI 307 - SC - Indian Laws

Summary

Issues involved: Challenge to detention orders u/s 3(1) of COFEPOSA Act, 1974, interpretation of s. 11(2) of the Act.

Judgment Summary:

Challenge to Detention Orders:
The Supreme Court considered two applications challenging detention orders u/s 3(1) of the COFEPOSA Act, 1974. The petitioners were successively detained multiple times, with the High Court quashing the orders on various occasions. The Court noted that the power to make repeated detention orders against the same person was contentious. The amended Act extended the maximum detention period to two years under certain conditions. The petitioners argued that the power under s. 11(2) of the Act could not be exercised when a previous order had been quashed by the High Court. The Court examined the legal position and concluded that making a fresh order after a quashed detention was not permissible under the Act.

Interpretation of s. 11(2) of the Act:
The Court delved into the interpretation of s. 11(2) of the Act, emphasizing the meaning of "revocation" in legal context. It was established that the power to revoke or modify detention orders was subject to specific conditions as outlined in the Act. The Court agreed with the petitioners' contention that the power under s. 11(2) could not be exercised in situations where a previous order had been quashed by the High Court. The legislative intent behind s. 11(2) was analyzed, highlighting the need to prevent repeated detention orders on the same grounds.

Conclusion:
In light of the above analysis, the Court held that the detention orders made after the High Court quashed previous orders were not valid in law. The subsequent declarations under s. 9 of the Act were also deemed ineffective. The Court emphasized the importance of adhering to the legislative scheme and preventing the abuse of power in making repeated detention orders. The petitioners were directed to be set at liberty based on the Court's conclusions regarding the interpretation of s. 11(2) of the Act.

Final Verdict:
The Supreme Court allowed the petitions, declaring the detention orders invalid and directing the release of the petitioners.