Ashadevi v. K. Shiveraj (1979) 1 SCC 222

This case sets aside a COFEPOSA detention. The authority did not consider vital facts: denial of the lawyer’s presence during interrogation, failure to produce the detainee before the magistrate as promised, and an early retraction of confessions. Because these facts were ignored, the “subjective satisfaction” behind detention was not genuine. The order fell.

1. Does failure to consider vital facts (e.g., denial of counsel) invalidate detention?
2. Is subjective satisfaction vitiated when material facts are not placed before the authority?
3. Do breaches of procedural safeguards (like access to counsel) affect the legality of the order?

• The detaining authority must consider all material facts that can influence detention.
• If vital facts are withheld, subjective satisfaction collapses and the order is illegal.
• Procedural safeguards, including legal representation during interrogation, must be honored. Violations undermine fairness and can void detention.

The Supreme Court set aside the detention. The authority failed to consider crucial facts: the denial of the advocate’s presence during questioning, non-production before the magistrate at the promised time, and the prompt retraction of confessions. Because these facts were material and could influence the decision, ignoring them vitiated the authority’s subjective satisfaction. The Court ordered immediate release.

Subjective satisfaction in preventive detention must be formed on a full and fair consideration of all vital facts. Non-placement or non-consideration of such facts—especially those touching voluntariness of confessions and access to counsel—vitiates the order.

• Sets a clear duty: consider all vital facts before detaining.
• Links procedural fairness (counsel, voluntariness) with legality of detention.
• Useful precedent for COFEPOSA and other preventive detention statutes.

1. Vital facts ignored → subjective satisfaction vitiated.
2. Denied counsel and early retraction are weighty circumstances.
3. Preventive detention demands strict fairness and caution.

Mnemonic: “Counsel–Clock–Confess (C-C-C)”

• Counsel: Advocate denied.
• Clock: Not produced before magistrate as promised.
• Confess: Confession retracted early.

COFEPOSA

A law for preventive detention to stop smuggling and conserve foreign exchange.

Subjective satisfaction

The authority’s own satisfaction, which must rest on all vital facts.

Retracted confession

A confession later withdrawn, often alleging coercion or duress.