1992 (8) TMI 278 - SC - Indian Laws

Summary

Issues involved: Challenge to detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 based on delay in disposing of representation to Governor and validity of detention.

Issue 1 - Delay in Disposing of Representation:
The appellant's husband was detained under Section 3(1) of the Act, and the challenge was based on delay in considering his representation to the Governor, which was eventually disposed of after 174 days. The Detaining Authority argued that earlier representations were promptly dealt with, and the delay in this case did not vitiate the detention. However, the High Court found that the delay in forwarding the representation to the State Government was deliberate, aiming to challenge the detention on grounds of delay. The Court held that the delay in disposing of the representation to the Governor was unreasonable and vitiates the detention.

Issue 2 - Validity of Detention Based on Representations:
The Detaining Authority claimed that earlier representations addressed matters unrelated to the validity of detention, and therefore, the delay in dealing with the subsequent representation did not affect the detention. However, the Court examined the content of the representations and concluded that only the representation to the Governor raised the issue of the detention's validity. The Court rejected the argument that earlier representations had similar implications, emphasizing that the delay in addressing the crucial representation to the Governor was unjustified and invalidated the detention.

Conclusion:
In light of the unreasonable delay in disposing of the crucial representation to the Governor, the Supreme Court allowed the appeal, set aside the High Court's order, quashed the detention order dated 30.8.1991, and directed the release of the detenu unless required in any other case. The Court emphasized that the delay in addressing the representation to the Governor was deliberate and unjustified, leading to the vitiating of the detention based on the constitutional and legal rights of the detenu.