The Hindu : SC quashes detention under COFEPOSA

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Saturday, Mar 08, 2003

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SC quashes detention under COFEPOSA

By Our Legal Correspondent

NEW DELHI MARCH 7. The Supreme Court has quashed the detention of a COFEPOSA (Conservation of Foreign Exchange and Prevention of Corruption Act) detenu solely on the ground that there was inordinate delay in executing the detention order by the Tamil Nadu police which was not satisfactorily explained by the State Government.

A Bench, comprising Justice Y.K. Sabharwal and Justice H.K. Sema, pointed out that the detention order was passed by the State Government on October 23, 2001, but it was executed only on April 9, 2002. The Bench noted that the State Government had said that the detenu, Kadhar Naina Ushman, could not be arrested as he was absconding all the time. All efforts taken to execute the detention order proved futile.

The Bench said except these vague averments, no particulars had been mentioned in the affidavit and there was nothing in it to show what efforts were made between October 23, 2001 and February 7, 2002. It was constrained to take the view that no efforts were made for nearly 3-1/2 months to apprehend the petitioner. It agreed with the submission of the petitioner's counsel, K.K. Mani, that the respondents had miserably failed to offer any explanation let alone a satisfactory explanation in respect of the delay in execution of the detention order. The inevitable conclusion was that the respondents were not serious about detaining the petitioner under COFEPOSA, the Bench held and set aside the detention order and allowed the writ petition. The Bench directed the release of the petitioner forthwith, if not required in any other case.

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