May Confirm - Definition - Law Dictionary Home Dictionary Definition may-confirm

Definition :

May confirm, The words 'may confirm' show that the Government has the discretion either to confirm or not to confirm and continue the detention depending upon whether the circumstances at that date have changed so as not to necessitate any more the continuation of his detention, Shibapada Mukherjee v. State of West Bengal, AIR 1972 SC 1356: (1974) 3 SCC 50.

(ii) The expression 'may confirm' in cl. (f) of s. 8 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is significant. It imports a discretion. Even where the Advisory Board makes a report that in its opinion, there is sufficient cause for the detention concerned, the Government may not confirm the detention order. Read in the light of art. 22(4) of the Constitution and the context of the words 'continue the detention', they definitely lead to the conclusion that the sine qua non for continuing the detention made beyond the period of three months, is the confirmation of the detention order by the appropriate Government, Nirmal Kumar Khandelwal v. Union of India, AIR 1978 SC 1155: (1978) 2 SCC 508: (1978) 3 SCR 817