VIMI VASWANI Vs. STATE OF KERALA

JUDGEMENT

(1.) Order of detention passed in terms of S.3(1)(i) and 3(1)(iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act') in respect of Ishwar Vishindas Vaswani (hereinafter referred to as 'detenu') is challenged by his wife in this Original Petition. Order of detention dated 30.6.1999 was passed by the Principal Secretary to Government of Kerala, Home (SSA) Department. Documents relied on while passing order of detention were also supplied. Representations were filed by detenu to the State Government as well as Union Government. A representation was also filed before Chairman, COFEPOSA Advisory Board.

(2.) Though several grounds have been indicated to challenge order of detention, at the time of hearing, only one point was urged. It was submitted that before the Advisory Board, detenu wanted to be represented by an advocate or a near friend. The Advisory Board did not accept the prayer and thereby constitutional protections provided by Art.22(5) of the Constitution of India, 1950 (in short 'the Constitution') to detenu were violated. Counsel appearing for respondents, ie., State of Kerala and Union of India, submitted that it is settled position of law that detenu has no right to be represented by a counsel before the Advisory Board. In the circumstance of the case Advisory Board did not feel it necessary to countenance the prayer made by detenu for being represented by a near friend.

(3.) At this juncture, it is necessary to take note of the prayer made by detenu before the Advisory Board. Said prayer, inter alia, reads as follows: