Jaseela Shaji v. The Union of India & Ors.2024

Facts:

Appisseril Kochu Mohammed Shaji, also known as Shaji A.K., was detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA), with a detention order issued on 31st August 2023, aimed at preventing his involvement in illegal foreign exchange transactions. The grounds for detention were based on evidence such as WhatsApp messages, voice calls, and financial records, indicating Shaji’s participation in illegal hawala dealings and foreign currency smuggling. These materials were served to Shaji on 6th September 2023, along with information regarding his right to make a representation. On 27th September 2023, Shaji submitted his representation to the prison authorities. However, due to delays and negligence on the part of the authorities, his representation was forwarded only after several months and reached the Central Government and Detaining Authority in June 2024. Additionally, Shaji was not provided with key documents, particularly the statements of Ms. Preetha Pradeep, which were relied upon by the detaining authority. This non-supply of crucial evidence was argued as a violation of Article 22(5) of the Constitution of India, which guarantees the right to an effective representation. Furthermore, there was a nine-month delay in processing the detenu’s representation, with the Central Government and Detaining Authority rejecting it only on 11th and 12th June 2024.

Issues:

Violation of fundamental Rights: Whether the non-supply of essential documents (e.g., statements of witnesses) to the detenu violated Article 22(5) of the Constitution, thereby affecting his right to an effective representation.
Delay in Processing Representation: Whether the significant delay in processing the detenu’s representation by prison authorities and the Central Government violated procedural safeguards under COFEPOSA and Article 22(5) of the Constitution of India.

Decision:

Violation of Article 22(5): Hon’ble Supreme Court held that the non-supply of the witness statements, particularly those of Ms. Preetha Pradeep, impacted the detenu’s ability to make an effective representation, thus violating his fundamental right under Article 22(5) of the Constitution of India.
Delay in Representation: The Court found that the nine-month delay in forwarding and considering Shaji’s representation by the authorities constituted a serious violation of his constitutional safeguards. The delay deprived the detenu of a prompt and effective remedy, as required under Article 22(5) of the Constitution of India.

Quashing of Detention Order: Due to the procedural lapses and the violation of Article 22(5) of the Constitution of India, Hon’ble Supreme Court quashed the detention order dated 31st August 2023 and the High Court’s judgment dated 4th March 2024. The Court ordered Shaji’s immediate release unless required in other cases.