The Supreme Court has annulled the detention of an individual under the anti-smuggling law due to significant delays by jail authorities in processing his representation against the restraining order.
A three-judge bench, led by Justice B.R. Gavai, issued a detailed 60-page ruling, criticizing the jail authorities for their “callous and casual” handling of the case. The prison officials failed to utilize expedient communication methods, opting to send the detenu’s representation through ordinary mail instead of using email.
Justice Gavai emphasized the importance of swift decision-making in matters concerning personal liberty, stating, “In matters pertaining to the personal liberty of the citizens, the authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case.”
Kochu Mohammed Shaji was detained on August 31 last year under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, aimed at preventing any future actions that might compromise foreign exchange. He was taken into custody on September 2, 2023, and held at Central Prisons in Poojapura, Thiruvananthapuram, Kerala.
The ruling highlighted that the actions of the prison authorities infringed upon the rights guaranteed to the detenu under Article 22(5) of the Constitution. Justice Gavai pointed out that in today’s technological landscape, representations could be sent electronically within a day, urging prison authorities to act promptly.
This landmark judgment underscores the judiciary’s commitment to upholding constitutional rights and emphasizes the necessity for timely communication in legal matters.
Published – September 17, 2024, 02:31 AM IST
