GANGADEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner is the widow of one Shrikrishna Gopilal Solanki who died on 1/5/1976 while in detention. The petitioner is seeking to question thevalidity of a detention order passed against her husband under Section 3 read with Section 12-A of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, (COFEPOSA) , 1974, for the reason that on the basis of such detention order, proceedings have been initiated against her properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act (SAFEMA) , 1976.

(2.) An order dated 25/9/1974 was passed against Solanki under Section 3 of the Maintenance of Internal Security Act, (MISA) , 1971 and he was detained. Solanki questioned the same by way of a writ petition in the Bombay High court. While that writ petition was pending. Parliament enacted COFEPOSA and it was brought into force on 19-12-1974. On the same day, the order of detention under MISA was revoked and an order of detention was passed under COFEPOSA against Solanki. The writ petition filed by Solanki against the detention order under MISA was withdrawn and dismissed as infructuous.

(3.) On 25/6/1975 the President of India proclaimed emergency under Article 352 of the Constitution and on 27/6/1975, the President made an order under and in terms of Article 359 of the Constitution suspending certain fundamental rights.