AFTAB ABDUL REHMAN CHATRIWALA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner was detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA for short). The copy of the detention order dated 20-10-1976 is marked as Annexure A. The said order was passed by the second respondent purporting to be under Section 3(1) of the COFEPOSA Act.

(2.) The legality and validity of the said detention order is challenged by the petitioner in this petition. The petitioner was detained during the emergency period; but he could not have challenged the said detention order then, since access to courts was barred. After lifting of the emergency, his detention order was revoked. Subsequently, the sister of the petitioner, namely, Ms. Mumtaz Chatriwala has received a notice puporting to be under Section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA for short). Under the said notice, Ms. Mumtaz Chatriwala has been called upon to show cause why the properties indicated in the schedule should not be declared to have been illegally acquired property/ properties and forfeited to the Central Government in terms of the provisions of the said Act.

(3.) Obviously the said notice has been issued in view of clause (c) of sub-section (2) of Section 2 of SAFEMA. It is in this context, this writ petition has been presented by the petitioner challenging the legality and validity of his detention despite the fact that the detention order has been revoked.