MAFFIYA M.K. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ of Habeas Corpus was filed by the wife of detenu challenging the detention order under the COFEPOSA Act, 1974. Though several grounds have been raised in this matter. We need not considered the challenge on those grounds. We find that challenge based on non consideration of the representation within three months is sufficient to release the detenu. The following date of events are relevant :- Date of detention order - 20/5/2019 Date of execution - 17/10/2023 Representation submitted before the jail Superintendent by the detenu - 30/10/2023 Jail Superintendent forwarded in the e-mail address of the Deputy Secretary - 31/10/2023 Consideration of representation - 7/2/2024

(2.) The date is reckoned for the date of forwarding the representation, admittedly 99 days lapsed. However, the stand of respondents 1 to 3 was that representation was received only on 7/2/2024. Whether this is correct or not is the issue in this matter.

(3.) It is appropriate to refer the statement filed by the respondents 1 to 3 in this matter. Paragraph 17 of the statement reads as follows :-