CHENNAI: The Madras High Court recently quashed a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) Act, 1974, against a practising lawyer, ordering for his release.
The order was passed by a division bench of Justices M Sundar and R Sakthivel on a habeas corpus petition (HCP) filed by petitioner Zahir Hussain through his advocate.
On 30 December 2010, the public secretary had issued a detention order against Zahir Hussain, following which he moved a writ petition in the Madras High Court. Although an interim order was granted, the court dismissed the petition on January 3, 2023.
The petitioner challenged the dismissal before the Supreme Court, which dismissed the appeal before he was arrested on 30 May 2023.
Senior counsel Abdul Hameed, appearing for the petitioner, contended that there was “non-application of mind” on the part of the authorities concerned, pointing out the detention was made “only on one ground of smuggling of goods.”
He noted that the “live and proximate link” between the grounds of detention and purpose of detention has been “snapped.”
The bench, in its order, said, “The sum sequitur of the narrative, discussion and dispositive reasoning so far is impugned, the preventive detention order is vitiated, and the same is liable to be dislodged in the habeas corpus legal drill.”