The Supreme Court has ruled that delay in passing preventive detention order or its execution by authorities vitiates the whole process as it is unconstitutional.
A bench of justices P Sathasivam and Ranjan Gogoi passed the ruling, upholding the appeal of person challenging detention of his brother by Customs authorities under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA).
The apex court said the added that detaining authority must explain satisfactorily the inordinate delay in executing the detention order, otherwise the subjective satisfaction gets vitiated.