ABIDA MOHAMMED DOSSA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners in this group of petitions are relatives of one Mohammed Dossa. These petitions arise out of similar facts and involve identical legal contentions. We propose to deal with Writ Petition No.1217 of 2000. The view taken by us in that petition will dispose of all the connected petitions. Hence this common judgment.

(2.) IN Writ Petition No.1217 of 2000, the petitioner is the wife of one Mohammed Ahmed Umar Dossa against whom an order of detention dated 20/3/1993 was issued by the Government of Maharashtra, Home Department (Spl.), Mantralaya, Bombay, under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short, "the COFEPOSA Act"). It is an admitted position that the said order is not yet executed. The said Mohammed Dossa has not surrendered to the detention order.

(3.) ACCORDING to the petitioner, she appeared before the Competent Authority; filed a reply and gave an explanation. However, the Competent Authority by its order dated 29/2/2000 passed under sections 7 and 19 of the SAFEMA ordered that all the properties which were mentioned in the notice be forfeited.