Preventive Detention Under COFEPOSA: Supreme Court Overrules High Court’s Decision

The Supreme Court of India recently delivered a crucial judgment in the case of Secretary to Government of Tamil Nadu v. Kamala & Anr., addressing the validity of a preventive detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA). The ruling clarified that an order of detention is not vitiated merely because it does not specify the period of detention.

Background of the Case

The case stemmed from a detention order issued by the Tamil Nadu Government against the respondent under Section 3(1)(ii) of COFEPOSA. The High Court had quashed the detention order on the ground that it did not specify the duration of detention, relying on the Supreme Court’s decision in Commissioner of Police v. Gurbux Anandram Bhiryani (1988) and a prior judgment of the Madras High Court in S. Santhi v. The Secretary to Government, Home, Prohibition and Excise Department.

Petitioner’s (Government of Tamil Nadu) Arguments

• The Government argued that COFEPOSA does not require a detention order to specify a period of detention.
• It cited the three-judge bench ruling in T. Devaki v. Government of Tamil Nadu (1990), which overruled Bhiryani’s case and held that the absence of a specified period in a detention order does not render it illegal.
• The decision in Suresh Bhojraj Chelani v. State of Maharashtra (1983) also confirmed that COFEPOSA permits detention without specifying duration.
• The High Court had misapplied Bhiryani’s ruling, which was no longer valid after its overruling in Devaki’s case.

Respondent’s (Kamala & Anr.) Arguments

• The respondents contended that a detention order must specify the period of detention to be legally valid.
• They relied on the decision in Bhiryani’s case and the Madras High Court’s judgment in S. Santhi, arguing that the absence of a specified period violated the principles of preventive detention.
• The High Court’s order was justified, as the detention order lacked clarity on the intended duration.

Supreme Court’s Observations

The Supreme Court extensively analyzed COFEPOSA and relevant precedents, making the following key observations:

• “The legislation does not mandate the detaining authority to specify the period of detention.”
• “Since COFEPOSA allows preventive detention for a maximum period prescribed under the Act, an order without a specific period is still valid.”
• “The ruling in Bhiryani’s case was explicitly overruled by a larger bench in Devaki’s case, which the High Court failed to consider.”
• “In matters of preventive detention, courts should not interfere unless there is an express illegality.”

Final Judgment

The Supreme Court set aside the High Court’s order and reinstated the detention order dated August 31, 2015. However, since the period of detention had already ended, no further action was required beyond clarifying the correct legal position.

The Court ruled:

“The High Court was not justified in quashing the detention order on the basis of Bhiryani’s case, which is no longer good law. The ruling in Devaki’s case establishes that a detention order under COFEPOSA need not specify the period of detention.”

Significance of the Judgment

This ruling has several critical implications:

• Clarifies the Law on Preventive Detention: The judgment reaffirms that detention orders under COFEPOSA do not require a specified duration.
• Limits Judicial Interference: The decision restricts courts from striking down detention orders on technical grounds unless there is a clear violation of legal provisions.
• Overrules Erroneous Precedents: The ruling corrects misapplications of Bhiryani’s case and ensures consistency in preventive detention jurisprudence.

Conclusion

The Supreme Court’s decision in this case upholds the integrity of preventive detention laws while ensuring that procedural challenges do not hinder enforcement. By reaffirming the correctness of Devaki’s case and setting aside the High Court’s erroneous application of Bhiryani’s ruling, the judgment provides clarity on the legal framework governing preventive detention under COFEPOSA.

Petitioner Name: Secretary to Government of Tamil Nadu.
Respondent Name: Kamala & Anr..
Judgment By: Justice Dipak Misra, Justice A M Khanwilkar, Justice D Y Chandrachud.
Place Of Incident: Tamil Nadu.
Judgment Date: 09-04-2018.

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