MANJULABEN MUICHAND SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is yet another case in which we are compelled to record our great unhappiness about the casual manner almost amounting to callousness, in which responsible or so- called responsible officers behave. Time and again this court and other courts have expressed their anguish that a law meant for bringing about social order is worked in a manner which makes the existence of that law a mockery. Preventive detention permitted by our Constitution, though normally a negation of the democratic way of life, had been permitted in the very peculiar circumstances in which our country attained independence and has been struggling since then to establish a decent social order. A power like the power given in preventive detention laws has to be exercised with great caution and full responsibility. The Parliament being assured that it would be so exercised has enacted such laws. The Parliaments trust has not been justified by authorities who are entrusted with the enforcement of these laws in their capacity as persons holding high and responsible positions.

(2.) The petitionerTs husband Mulchand K. Shah was detained by virtue of an order dated August 3, 1984 passed under section 3(1) of the Conservation of. Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the Act. This order was passed by the Central Government under the signatures of Shri K.K. Dwidevi. Joint Secretary to the Government of India. Grounds of detention, also dated August 3, 1984, were served on the detenue on August 7, 1984, the date on which the detenu was apprehended by virtue of the aforesaid order.

(3.) The detention has been challenged on diverse grounds. In the view that we are going to take, it is not necessary to dilate on all of them. We will notice only two.