Case Note & Summary
The case involved a writ petition filed by Sabir Ahmed challenging the detention of his brother, Dawood Hasan Sheikh Ibrahim, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The detention order was issued on October 2, 1979, following the detenu's earlier judicial custody and subsequent bail. The detenu submitted a representation on November 14, 1979, requesting copies of documents related to his detention, which was rejected on December 10, 1979, by the Minister of State in the Home Ministry. Meanwhile, the Advisory Board had already considered the detenu's representation and reported to the Government on December 6, 1979. The detenu also applied to the Central Government on November 19, 1979, for revocation of his detention, which remained unaddressed. The petitioner argued that the Central Government's failure to consider this representation vitiated the detention. The Court held that the Central Government had a duty to consider the representation expeditiously, regardless of its content. The Court emphasized that the supervisory power under Section 11 of COFEPOSA must be exercised with vigilance and that delays due to negligence or inaction could render the detention unconstitutional. Ultimately, the Court allowed the writ petition, set aside the detention order, and directed the release of the detenu, concluding that the Central Government had ignored the representation for an extended period, violating the provisions of Article 22(5) of the Constitution.
Headnote
A) Constitutional Law - Right to Representation - Duty of Central Government to Consider Representation - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 11 - The Central Government is under a duty to consider the representation made by the detenu for revoking his detention, even if it repeats the same allegations as those made to the detaining authority. This duty is inherent in the nature of the jurisdiction and must be exercised expeditiously to ensure the validity of the detention (Paras 742-743). B) Detention Law - Supervisory Power of Central Government - Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 11 - The power conferred on the Central Government under Section 11 is a supervisory power intended as a safeguard against improper detention. The Central Government must consider representations with reasonable expedition, and delays due to negligence or inaction can render the detention unconstitutional (Paras 743-745).
Issue of Consideration
Whether the Central Government is bound to consider the application of the detenu’s representation and whether non-consideration thereof is illegal.
Final Decision
The Supreme Court allowed the writ petition, set aside the detention order, and directed the release of the detenu, concluding that the Central Government had failed to consider the representation made by the detenu for revocation of his detention.
Law Points
- Constitutional right
- detention
- representation
- supervisory power
- reasonable expedition
