Supreme Court Orders Release in Preventive Detention Case, Emphasizes Timely Supply of Material to Detenu

Legal News by - Manya (This new was written by her during her Internship at the Legal Soch Foundation)

Today, the Supreme Court emphasized that all materials relied upon by detaining authorities to order preventive detention must be supplied to the detenu. The Court ordered the release of the detenu in the case Jaseela Shaji v. The Union of India & Ors.

In this case, the jail authorities had transferred the representation of the detenu through ordinary post, which neither reached the detaining authority nor the Central Government, resulting in an extended period of detention. The Court observed that the representation should have been transferred promptly and through a reliable means, criticizing the approach of the jail authorities in dealing with the detenu’s right to make a representation against the detention order under Article 22(5) of the Indian Constitution.

The detenu, Appisseril Kochu Mohammed Shaji, was detained on August 31, 2023, under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, by the Detaining Authority, to prevent him from engaging in prejudicial activities, allegedly involving hawala dealings, illegal purchase, sale, and transport of foreign currencies. The State Advisory Board of the Kerala High Court and the Central Government had upheld the detention. However, when the jail authorities sent the detenu's representation via ordinary post, it was not traceable.

The detenu’s wife filed a habeas corpus petition challenging the detention orders, and later a criminal appeal before the Supreme Court. The Court issued notices and sought the jail records. Following this, the jail authorities transmitted the representation via email, which was eventually rejected by the Central Government and the Detaining Authority on June 11 and June 12, 2024, respectively.

The Court found that, even in these subsequent representations, there were delays of 27 days and 20 days on the part of the Central Government and the Detaining Authority, respectively, in deciding the matter. The bench, comprising Justices B.R. Gavai, Prashant Kumar Mishra, and K.V. Viswanathan, quashed all the detention orders and set aside the Kerala High Court's judgment.

The Court held:

“In matters pertaining to the personal liberty of citizens, the authorities are constitutionally obligated to decide the representation with the utmost expedition. Each day's delay matters in such cases.”

After hearing both sides and reviewing the arguments, the Court concluded:

“We have come to a considered conclusion that the non-supply of the statements of Preetha Pradeep has affected the right of the detenu to make an effective representation under Article 22(5) of the Indian Constitution, and as such, the detention is vitiated on this ground.”