SAJITHA BANU/NAZUM BANU Vs. JOINT SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, AND SECRETARY TO GOVERNMENT, ETC. AND ANOTHER

JUDGEMENT

(1.) THESE two Habeas Corpus Petitions are disposed of together by a common order, since it was represented that the detenus concerned Mohammed Zakir and Haja Najimuddin, stood involved in the same ground crime, leading to their preventive detention.

(2.) SAJITHA Banu, Petitioner in HCP No. 1192 of 1994, is the wife of detenu Mohammed Zakir, while Nazum Banu, Petitioner in HCP. No. 1193 of 1994, is the wife of detenu Haja Najimuddin. These two detenus are brothers, being the sons of Bewa Bahrudeen. By two separate orders dated 27th April, 1994 passed by the first Respondent, Joint Secretary to Government of India, in exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,, 1974 (as amended), these two person were directed to be preventively detained with a view to preventing them from acting in any manner prejudicial to the conservation of foreign exchange in future.

(3.) AS far as Haja Najimuddin (detenu in HCP. No. 1193 of 1994) is concerned, he was neither arrested, nor his statement recorded before the impugned order was executed on 13.7.1994.