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TMI Blog2024 (8) TMI 1047X X X X Extracts X X X X X X X X Extracts X X X X ..... of the same High Court specifically when the grounds of detention and the grounds of challenge were identical in both the cases. In the event, the Division Bench of the High Court was of the view that the earlier decision of the Coordinate Bench of the same High Court was not correct in law, the only option available to it was to refer the matter to a larger Bench. Order of detention is quashed and set aside - Appeal allowed. - JUSTICE ( B. R. GAVAI ) , JUSTICE ( PRASHANT KUMAR MISHRA ) And JUSTICE ( K. V. VISWANATHAN ) JUDGMENT B. R. GAVAI , J. 1. The present appeal challenges the final judgment and order dated 24th January 2023 in Writ Petition (Crl.) No. 596 of 2022, passed by a Division Bench of the High Court of Kerala, whereby the High Court dismissed the petition filed by the appellant, who is the sister-in-law of the detenue, and thereby upheld the detention order dated 24th August, 2021 issued against the detenue (one Abdul Raoof) under Section 3 of the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as, COFEPOSA ) and its confirmation vide order dated 24th May, 2022. 2. The facts, in brief, giving rise to the presen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of detention. 2.8 On 3rd June, 2022, a Division Bench of the High Court by a common judgement, allowed the three writ petitions filed by the co-accused persons being W.P. (Crl.) Nos. 107-109 of 2022. The High Court was of the opinion that documents sought had been relied upon in the detention orders and the same ought to have been furnished to the detenus when they requested for the same. It, accordingly, held that the non-supply had vitally affected the right of the detenus under Article 22(5) of the Constitution of India therefore, the detention order was bad. 2.9 On 29th June, 2022, the appellant filed a Writ Petition being W.P. (Crl.) No. 596 of 2022, challenging the detention order dated 24th August, 2021, as well as the confirmation of detention vide order dated 24th May, 2022, by the Central Government on the ground of non-supply of relevant documents and therefore sought release of the detenue. 2.10 On 24th January, 2023, a Division Bench of the High Court (other than the one which adjudicated upon the writ petitions filed by the co-accused persons), dismissed the Writ Petition filed by the appellant. Aggrieved thereby, the present appeal arises. 3. We have heard Mr. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. you; that he signed on the printouts of same and confirmed that they were retrieved from his mobile phone. 8. Undisputedly, the said WhatsApp chats refer to the detenue in the present appeal as well as said Biju V. Joy. 9. In the cases of Nushath Koyamu (supra) and other connected matters, the Coordinate Bench of the same High Court has recorded the submissions of the petitioner(s) therein with regard to non-supply of the WhatsApp chats. The same reads thus: 15. The learned counsel for the petitioner submits that in W.P. (Crl) No. 107 of 2022, the detenue had filed Ext. P12 request for supply of the documents mentioned therein, particularly, a screen shot taken from the detenus phone which was relied upon by the detaining authority. It is mentioned in Ext. P12 that there were at least six voice messages visible on the screen shot which were relied on and those messages appear to be of 19th April 2021, a day before the detenus in this case were taken into custody by the DRI. It is the contention that from the screen shot, the contents of the whatsapp chat cannot be understood and unless the chats in electronic form is provided, an effective representation cannot be made. Thus, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n to have an earliest opportunity to make the representation, the test to be applied in respect of the contents of the grounds for the two purposes is quite different. As already pointed out, for the first, the test is whether it is sufficient to satisfy the authority. For the second, the test is, whether it is sufficient to enable the detained person to make the representation at the earliest opportunity . Para 13 But when grounds which have a rational connection with the ends mentioned in section a of the Act are supplied, the first condition is satisfied. If the grounds are not sufficient to enable the detenue to make a representation, the detenue can rely on his second right and if he likes may ask for particulars which will enable him to make the representation. On an infringement of either of these two rights the detained person has a right to approach the court and complain that there has been an infringement of his fundamental right and even if the infringement of the second part of the right under Article 22 (5) is established he is bound to be released by the court . 19. In the light of the above, we cannot accept the contention of the learned counsel for the respondents ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nches of the High Courts refuse to follow and accept the verdict and law laid down by coordinate and even larger Benches by citing minor difference in the facts as the ground for doing so. Therefore, it has become necessary to reiterate that disrespect to the constitutional ethos and breach of discipline have grave impact on the credibility of judicial institution and encourages chance litigation. It must be remembered that predictability and certainty is an important hallmark of judicial jurisprudence developed in this country in the last six decades and increase in the frequency of conflicting judgments of the superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which one should be followed. 91. We may add that in our constitutional set-up every citizen is under a duty to abide by the Constitution and respect its ideals and institutions. Those who have been entrusted with the task of administering the system and operating various constituents of the State and who take oath to act in accordance with the Constitution and uphold the same, have to set a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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