AMINA UNNO Vs. JOINT SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NEW DELHI

JUDGEMENT

(1.) Petitioner has filed the Habeas Corpus petition for the release of her son Bappu Navas (detenu) and to set him at liberty. Prayer is also made to quash Exts.Pl and P3 orders of the first respondent.

(2.) Case of the petitioner is that her son was apprehended at Thiruvananthapuram Air Port on 9-8-1990 on the alleged statement of Mathews Baby, that he was subjected to torture for extracting statements as dictated by the officers of the Enforcement Directorate, that he was produced before the Additional Chief Judicial Magistrate (Economic Offences), Ernakulam and that he was enlarged on bail by the High Court According to the petitioner, detenu's house was searched but no incriminating documents or evidence were detected.

(3.) Ext. P1 order was passed on 26-2-1991 by the first respondent ordering the detention of the petitioner's son. Actual detention was effected only on 4-11-1993. Main contention of the petitioner is that the wide gap between Ext. P1 order of detention and actual detention has not been properly explained by the first respondent and on that sole score detenu is entitled to be released from jail.