LAWS(KER)-2023-1-247

SHABNA ABDULLA Vs. UNION OF INDIA

Decided On January 24, 2023
Shabna Abdulla Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Writ Petition under Article 226 of the Constitution of India was filed seeking to issue a writ of habeas corpus to produce before this Court Sri.Abdul Raoof ('the detenu') who is under detention under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 [hereinafter referred to as 'the COFEPOSA Act'] and to set him at liberty forthwith; and to issue a writ of certiorari declaring that Ext.P8 Detention Order, as well as Ext.P19 Confirmation Order, as unconstitutional, illegal, and unsustainable in law.

(2.) Ext.P8 is the Detention Order issued by the second respondent under Sec. 3(1) of the COFEPOSA Act for the detention of Sri.Abdul Raoof. Exhibit P19 is the Confirmation Order issued by the authorised representative of the 1st respondent under Sec. 8(f) read with Sec. 10 of the COFEPOSA Act directing to detain him for a period of one year from the date of detention, 6/3/2022.

(3.) The incidents which culminated in the issuance of Exts.P8 and P19, gatherable from the narration of facts in the Writ Petition, are the following: