SURESH D HOTWANI vs UNION OF INDIA . — Crl.A. No. 930/2013

Case Summary: Crl.A. No. 930/2013 (Suresh D Hotwani v. Union of India) Outcome The Supreme Court delivered a split decision on July 16, 2013. Chief Justice Altamas Kabir allowed the writ petition and quashed the detention order. However, Justices Gyan Sudha Misra and J. Chelameswar dismissed the petition, dissenting from the Chief Justice's view. Majority outcome: The detention order (dated 12.3.2001) against Nitesh Ashok Sadarangani was quashed as it had become stale and lost its "live link" with the preventive detention purpose after remaining unexecuted for over 11 years. Key Issue Whether a preventive detention order under COFEPOSA Act could be challenged and quashed on grounds beyond the five exceptions in *Alka Subhash Gadia* case, specifically on the basis of unreasonable delay making the order stale. Direction The case was consolidated with six other detention cases heard together. The Chief Justice's judgment allowed similar petitions (W.P. Crl. 137, 35, 138, 249 of 2011 and related appeals). Three transfer cases were deemed premature and disallowed. This case analysis is maintained by casestatus.in based on publicly available court records.