Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 1990 (12) TMI HC This
Issues:
Challenge to order of detention under COFEPOSA, Challenge to Declaration No. 52/89 under Section 9(1) of COFEPOSA, Delay in informing detenu of right to make representation against the declaration, Unreasonable delay in making detenu aware of his rights under the Constitution, Detention of detenu beyond the original period of one year. Analysis: The petitioner, a detenu, challenged the order of detention dated 18-2-1989 under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) and Declaration No. 52/89 issued under Section 9(1) of COFEPOSA. The detenu was served with the grounds of detention on 18-2-1989, and the order was executed on 19-2-1989. The petitioner contended that he was challenging only the declaration issued under Section 9(1) of COFEPOSA, which was issued on 9-3-1989. However, he was informed of his right to make a representation against the declaration only on 30-8-1990, after writing a letter inquiring about his right to representation. The delay of 16 months in making the detenu aware of his right to representation was deemed unreasonable and inconsistent with Article 22(5) of the Constitution. The petitioner's advocate relied on the Supreme Court judgment in Jagprit Singh v. Union of India, where it was observed that the detenu must be made aware of the right to make a representation within a reasonable time. The Court noted that the delay of 16 months in the present case was unjustified and inconsistent with the constitutional provisions, leading to the conclusion that the detention of the detenu beyond the original one-year period as per Section 9(1) of COFEPOSA was unwarranted. Consequently, the Court set aside the detention of the detenu beyond the one-year period specified in COFEPOSA and directed for the detenu to be released unless there were other justifiable reasons to continue his custody. The rule was made absolute accordingly.
|