TMI Blog2011 (11) TMI 706X X X X Extracts X X X X X X X X Extracts X X X X ..... n of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA') were rejected by the High Court. 3. It is not in dispute that the facts in all the cases are the same. Common ground is that an order of detention under Section 3 of the COFEPOSA was served on all the detenus on 10th March, 2011 on whose behalf petitions were filed before the High Court and therefore, their detention under the COFEPOSA commenced on and from 10th March, 2011. In these proceedings, we are not going into the merits of the grounds or the recitals thereof. 4. Before us, the detention of the appellants has been assailed on the question that the representations filed on behalf of the detenus were not disposed of in accordance with the man ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The comments of the detaining authority were received on 18th May, 2011. Then the COFEPOSA Section submitted the file along with all the relevant files and documents to the Deputy Secretary, COFEPOSA on 18th May, 2011 for examination. After detailed examination of the issues raised in the representations and comments of the Sponsoring Authority and the detaining authority, the Deputy Secretary submitted the file with comprehensive note to the Joint Secretary, COFEPOSA on 3rd June, 2011. 4th and 5th June, 2011 were Saturday and Sunday and ultimately, the said representations were considered and rejected by the Central Government on 6th June, 2011 as being devoid of merit. 7. Now the question is whether the aforesaid manner of considerati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere should not be any supine indifference, slackness or callous attitude in considering the representation. Any unexplained delay in the disposal of representation would be a breach of the constitutional imperative and it would render the continued detention impermissible and illegal . 11. In support of the said conclusion, the learned Judges of the Constitution Bench relied on various other judgments mentioned in Para 12 at page 484 of the report. 12. In a subsequent judgment in the case of Rajammal Vs. State of T.N. Anr. (1999) 1 SCC 417, a three Judge Bench of this Court, relying on the ratio of the Constitution Bench decision in Abdulla Kunhi, reiterated the same principles. From Para 9 at page 421 of the report, it would appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ural safeguards. 15. Following the said principle, we find that delay in these cases is for a much longer period and there is hardly any explanation. We, therefore, have no hesitation in quashing the orders of detention on the ground of delay on the part of the Central Government in disposing of the representation of the detenus. 16. Learned counsel for the respondents has however urged that he is not disputing the principles laid down by this Court in the aforesaid judgments but he submitted that in the instant case, the Habeas Corpus petition filed before the High Court was not to quash the detention on the ground of delay and inasmuch as it could not have been so prayed for as the writ petition was filed prior to the rejection of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the writ of Habeas Corpus is the oldest writ evolved by the Common Law of England to protect the individual liberty against its invasion in the hands of the Executive or may be also at the instance of private persons. This principle of Habeas Corpus has been incorporated in our Constitutional law and we are of the opinion that in a democratic republic like India where Judges function under a written Constitution and which has a chapter on Fundamental Rights, to protect individual liberty, the Judges owe a duty to safeguard the liberty not only of the citizens but also of all persons within the territory of India. The most effective way of doing the same is by way of exercise of power by the Court by issuing a writ of Habeas Corpus. 21. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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