NARENDRA KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner's father Roshan Lal of Amritsar, was curlier detained on 19-12-1974 under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (hereinafter called COFEPOSA). He has since died in 1980. The petitioner, who is his son, is A seeking the quashing of the detention order passed against his father by respondent 3 on 19-12-1974 under Section 3 (1) of the COFEPOSA. Petitioner is also seeking the quashing of the order dated 29-5-78, passed by respondent 2 under Section 19(1) of the Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter called SAFEMA) against the properties of his late father and. mother and to restrain respondents from dispossessing the petitioner of the said properties at Amritsar.

(2.) While the detention order dated 19-12-74 was one issued against the petitioner's father the forfeiture relates to the properties of his father and mother, to whom notices under SAFEMA were issued on 30-4-77 (Ex. P.5). The petitioner's father died in 1980 while his mother died on 31-12-91. They filed Writ Petitions 219 and 220/79 in the Supreme Court challenging the detention order dated 19-12-1974 and the SAFEMA order dated 30-4-1977. Those writ petitions were dismissed by a nine-Judges Bench of the Supreme Court Judges in Attorney General for India Vs. Amritlal Pragivandas [1994 (5) SCC 54] (1). The Supreme Court refused to set aside the detention order as well as the order passed under SAFEMA. After the parents death the petitioner is now once again challenging both the orders.

(3.) It is to be noted that the detention order dated 19-12-74 against the petitioner's father under the COFEPOSA was issued well before the coming into force of the Emergency on 25-6-75. Therefore he was given copy of the grounds of detention. It was only on 1-7-75 that the COFEPOSA Act was amended. The SAFEMA was brought into force w.e.f. 5-11-1975.