Southern States - Tamil Nadu   

SC notice in COFEPOSA case

By J. Venkatesan

NEW DELHI June 9. The Supreme Court today issued notice to the Tamil Nadu Government on a writ petition from an advocate and an accredited overseas recruitment agent challenging the detention order passed under the Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA) Act in February 2001, which was not executed.

A vacation Bench comprising Justice R.C. Lahoti and Justice Brijesh Kumar asked senior counsel for the petitioner, K. Subramaniam, to serve notice on the standing counsel of Tamil Nadu and directed listing of the case on June 16 along with a special leave petition in which notice had already been issued.

The petitioner, S. Mohammad Ali, contended that the alleged prejudicial activities and the purpose of detention had been snapped in view of the long lapse of time in executing the order of detention. Further, the State Government, while disposing of one out of five representations sent by the petitioner, had not explained the delay in executing the detention order.

By an order dated January 30, the Madras High Court directed the Tamil Nadu Government to consider only the first representation and held that the authorities could not be compelled to consider so many representations as if they had no other administrative work.

In the special leave petition against this order, the petitioner had contended that the four representations were in the nature of the application for revocation under Sec. 11 of COFEPOSA and as per the Constitution Bench judgment of the apex court, the authorities were bound to consider all the five representations and the High Court was wrong in rejecting four of the five representations.

An earlier vacation Bench had issued notice on this special leave petition on May 14 and the writ petition challenging the detention order was filed in the meanwhile in which notice was ordered today.

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