Decided on January 29,2016

Union of India and Ors. Appellant
SALEENA Respondents


- (1.) Calling in question the defensibility of the judgment and order dated 24.10.2015 passed by the High Court of Kerala by which the Division Bench has quashed the order of detention passed against Abdu Rahiman (detenu), the husband of the respondent, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for brevity, 'the COFEPOSA Act'), the instant appeal, by special leave, has been preferred.
(2.) Shorn of unnecessary details, the facts which are essential to be stated for adjudication of this appeal are that an order of detention was issued on 08.02.2013 under Section 3(1) of the COFEPOSA Act. The said order, as the facts would uncurtain, came into existence on the basis of proposal of the Sponsoring Authority (Directorate of Enforcement) and the Empowered Officer of the Central Government (the Detaining Authority). The grounds of detention were communicated to the detenu vide communication dated 08.02.2013. By the said communication in compliance with Article 22(5) of the Constitution and Section 3(3) of the COFEPOSA Act, the detenu was informed of his right to make a representation against his detention to the Detaining Authority. Be it stated, pursuant to the order of detention, the detenu was detained on 25.02.2013 and lodged in the Central Prison, Thiruvananthapuram.
(3.) The detenu made a representation on 11.04.2013 which was received on 18.04.2013 by the Jail Superintendent which was forwarded to the competent authority and thereafter the Special Secretary-cum-Director General, Central Economic Intelligence Bureau, Ministry of Finance, Department of Revenue, rejected the representation on behalf of the Central Government on 26.04.2013 after due consideration. The order of rejection was communicated to the detenu vide memorandum dated 29.04.2013 by the Under Secretary, Government of India. Keeping in view the prescription enshrined under Section 8(1) of the COFEPOSA Act, reference was made to the Advisory Board and the detenu was heard by the Advisory Board on 04.05.2013, and thereafter vide order dated 21.05.2013, he was informed that the Advisory Board was of the opinion that sufficient reasons existed for his detention. On the basis of the opinion of the Advisory Board, the Central Government confirmed the order of detention and directed that the detention of the detenu would remain in force for a period of one year commencing from the date of his detention.;

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