FATHIMA MOHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed by the wife of one Sri. V. R. Mohammed, who has been detained under S.3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter called as 'the COFEPOSA Act'). Petition has been filed with a view to obtain a direction to the respondents to produce the petitioner's husband, the detenu, before this Court. He is under detention in the Central Prison, Trivandrum, and is now about to complete the period of detention on 21.5.1997.

(2.) The short question raised in this petition is that there was no justification to detain the detenu in pursuance of Ext. P1 order dated 4.11.1989, on 22.5.1996. The contention is that there has been considerable delay in execution of the order of detention and the alleged cause of action. The cause of action arose on 13.8.1983 leading to the issuance of Ext. P1 order dated 4.11.1989. The grounds of detention revealed that the entire investigation was over by 2.9.1989. In other words, it is contended that there is absolutely no ground explaining the inordinate delay of 6 1/2 years in serving the detention order and hence the same is vitiated. At the time when the order was issued, the detenu was working in Abu Dhabi and he had come to his native place for a short visit. When he learnt that the order of detention under Ext. P1 has been issued by the second respondent, he was advised to approach the Delhi High Court and a writ petition was filed. By order dated 13.8.1990, the High Court of Delhi issued an interim order staying the implementation of Ext. P1 order till the disposal of the writ petition.

(3.) In the meanwhile, the detenu had returned back to his original place of employment at Abu Dhabi and, occasionally, he had been visiting his native place on holidays in Kerala. The writ petition was ultimately dismissed by Delhi High Court on 17.9.1993. The contention raised was that even thereafter, no serious action was taken by the respondents to detain him in pursuance of the detention order contained in Ext. P1. After his return from Abu Dhabi, he had been staying at his residence at Brothers Manzil, Vellurayil House, Perumppadappu, Ponnanl. However, he was arrested and taken into custody only on 22.5.1996 and detained in the Central Prison, Trivandrum. His detention commenced from the date when . the grounds of detention was served on him, subsequently.