A C RAZIA Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) The appellants-husband has been detained under Ss. 3(1)(i), 3(1)(ii), 3(1)(iii) and 3(1)(iv) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act) on 24-6-2002 vide detention order dated 19-4-2001. The detenu was duly served with the order of detention along with the grounds of detention and other relevant documents in the Central Jail, Trivandrum, where he was detained. It is submitted that these documents were voluminous which is running to more than four hundred pages. Later he was also supplied with an order in original dated 16-5-2002, which is about twenty pages.

(3.) On 13-7-2002 appellant made a representation in regional language (Malayalam) to the detaining authority and to the Central Government. Both these representations were rejected on 30-7-2002 and 29-7-2002 respectively. The case of detenu was referred to the Advisory Board and on the basis of this report the Government has confirmed the detention order on 6-9-2002. Later, a writ petition was filed before the Kerala High Court by the appellant herein seeking the relief of her husband and on being dismissed, the appellant urging the same release has filed a writ petition before us as well as special leave petition challenging the order of the High Court.