VidhiSangh

Supreme Court of India · 10/04/2023

PRAMOD SINGLA versus UNION OF INDIA & ORS

[2023] 2 S.C.R. 793 · 2023 INSC 344

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Summary

A COFEPOSA detenu, alleged to be part of a gold smuggling syndicate, challenged his detention because the Central Government took sixty days to reject his representation while awaiting the Advisory Board's report, and because documents supplied with the grounds were illegible and in Chinese. The Supreme Court held there is no conflict between Pankaj Kumar Chakraborty and K.M. Abdulla Kunhi warranting a larger Bench: under COFEPOSA the detaining authority and the Government are distinct, so the former must decide a representation without awaiting the Board while the latter may await its report, and the delay did not vitiate the detention. But supply of illegible foreign-language documents relied on for detention denied an effective representation under Article 22(5), and a co-detenu had been released on that ground, so on parity the detention order was set aside.

Issues

  1. Whether there is a conflict between the Constitution Bench decisions in Pankaj Kumar Chakraborty and Jayanarayan Sukul, holding that the Government must consider a detenu's representation independently without awaiting the Advisory Board, and K.M. Abdulla Kunhi and Ankit Ashok Jalan, holding that the Government may await the Board's report, warranting reference to a larger Bench.
  2. Whether a sixty-day delay by the Central Government in deciding a representation under the COFEPOSA Act while awaiting the Advisory Board's report vitiates the detention.
  3. Whether supply of illegible documents in a foreign language as grounds of detention entitles the detenu to quashing of the detention order.

Provisions considered

Held

Result

Appeal allowed; though the appellant had already been released on expiry of the detention period, the detention order dated 01.02.2022 under the COFEPOSA Act held liable to be set aside for supply of illegible foreign-language documents, and the High Court order dated 03.11.2022 declining to quash it set aside.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 793.