HAJARA Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed under Art.226 of the Constitution of India by one Hajara. Hajara is the wife of one V. Abdul Kareem, who has been imprisoned under an order passed by the Joint Secretary to Government of India under S.3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as 'the COFEPOSA Act'), copy of which is produced and marked as Ext. P1. The order is dated 15-10-2003. The order was executed on 10-12-2004, nearly after one year of Ext. P1. The petitioner has raised many grounds challenging the order of detention. One of the grounds raised is the delay in the execution of the order of detention, namely, Ext. P1.

(2.) As already stated, Ext. P1 was issued on 15-10-2003. But the petitioner's husband was arrested only on 10-12-2004. Since we are accepting the contention of the petitioner that there has been unexplained delay in the execution of the order, it is not necessary for us to consider the other grounds. The petitioner has from Para.10 to 25 of the Writ Petition given the details regarding the fact that the petitioner's husband was present in the Village and it was only because of the inaction on the part of the authorities that he was not arrested. The petitioner submitted the following facts.

(3.) As per Ext. P7, the petitioner's husband was in the police custody or in the judicial custody of the Bombay Police. Ext. P7 is the order passed on bail application filed by the detenu and the bail was granted by the court. It is dated 17-10-2003. It is further seen that the detenu appeared before the Bombay Police from 18-10-2003 to 2-11-2003. Ext. P8 will show that the detenu was in the judicial custody of the Judicial First Class Magistrate, Chavakkad for the period from 16-12-2003 to 18-12-2003. The invitation card of the marriage of the petitioner's daughter is dated 7-12-2003. Ext. Pl6 shows that the detenu has registered a document in the Sub Registrar's Office on 1-1-2004. Ext. P18 is the consultation of the Doctor on 12-1-2004. Ext. P13 is the document registered before the Sub Registrar's Office, Chavakkad on 28-1-2004. On the basis of this, the petitioner contends that the detenu was available, but he was not arrested. There is no question of absconding.