Case Note & Summary
The case involved two writ petitions for habeas corpus concerning two detenus engaged in the diamond and precious stones business. The Customs Officers raided their premises, seizing valuables worth approximately Rs. 55 lakhs and arresting the detenus. Following their release on bail, an order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) was served on them. The detenus requested copies of the materials relied upon for their detention, which were not provided in a timely manner. The Central Government later directed the State Government to supply these documents, which were received by the detenus after a significant delay. The court examined the legality of the detention order, focusing on the constitutional requirement to provide grounds for detention and the right to make an effective representation. The court found that the delay in supplying the necessary documents violated the detenus' rights under Article 22(5) of the Constitution, leading to the conclusion that the detention was vitiated. Consequently, the court allowed the writ petitions and ordered the release of the detenus.
Headnote
A) Constitutional Law - Detention and Grounds - Delay in Supplying Grounds of Detention - Article 22(5) of the Constitution - The court held that the delay of more than a month in supplying the grounds of detention and the basic materials relied upon vitiated the detention, as it infringed the detenus' right to make an effective representation. The detaining authority failed to communicate all basic facts and materials which influenced the detention order, thus violating constitutional imperatives (Paras 349-352).
Issue of Consideration
Whether the delay in supplying the grounds of detention invalidated the detention.
Final Decision
The Supreme Court allowed the writ petitions and directed the release of the detenus, holding that the delay in supplying the grounds of detention vitiated the detention.
Law Points
- Constitutional rights
- detention
- grounds of detention
- fair representation
- COFEPOSA
- Article 22(5)
- public interest
- reasonable expedition
Case Details
1980 LawText (SC) (08) 20
Writ Petition Nos. 434-435 of 1980
Sarkaria, Ranjit Singh, Pathak, R.S.
1980 AIR 1744, 1981 SCR (1) 343, 1980 SCC (4) 624
Ramjethmalani, H. Jagtiani, S.K. Dhingra, L.P. Daulat, M.N. Phadke, M.N. Shroff, Abdul Kedar, Miss A. Subhashini
Under Secretary to the Government of Maharashtra & Ors.
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Nature of Litigation
Writ petitions for habeas corpus regarding detention under COFEPOSA.
Remedy Sought
The detenus sought the issuance of a writ of habeas corpus for their release.
Filing Reason
The detenus claimed their detention was unlawful due to the delay in supplying grounds of detention.
Issues
Whether the delay in supplying the grounds of detention invalidated the detention.
Whether the detaining authority complied with constitutional requirements.
Submissions/Arguments
The detaining authority failed to provide necessary documents in a timely manner, violating the right to make an effective representation.
The respondent argued that the grounds of detention were sufficient and that further information could jeopardize public interest.
Ratio Decidendi
The court emphasized that the detaining authority must provide all basic facts and materials relied upon for detention promptly to enable effective representation, as mandated by Article 22(5) of the Constitution.
Judgment Excerpts
The very fact that soon after the directions of the Central Government copies were ready and despatched to the detenus within three days thereof, shows that there was no physical difficulty in preparing and supplying the copies to the detenus, with due promptitude.
There was thus an infraction of the constitutional imperative that in addition to the supply of the grounds of detention, all the basic material relied upon or referred to in those 'grounds' must be supplied to the detenu with reasonable expedition.
Procedural History
The writ petitions were filed under Article 32 of the Constitution. The detention order was served on February 16, 1980, and the request for documents was made on February 18, 1980. The Central Government directed the State Government to supply the documents, which were received by the detenus on April 3, 1980. The petitions were allowed on April 23, 1980.
Acts & Sections
- Conservation of Foreign Exchange and Prevention of Smuggling Activities Act: 3(1)
- Constitution of India: 22(5)
