On June 25, 1975 the President of India proclaimed emergency under Article 359 of the Constitution and on June 27, 1975, the president made an order under and in terms of Article 359 of the Constitution suspending certain fundamental rights.
The petitioner is seeking to question the validity of a detention order passed against her husband under Section 3 read with Section 12 A of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, COFEPOSA , 1974, for the reason that on the basis of such detention order, proceedings have been initiated against her properties under the Smugglers and Foreign Exchange Manipulators Forfeiture of Property Act, SAFEMA , 1976.
An order dated September 25, 1974 was passed against Solanki under Section 3 of Maintenance of Internal Security Act, MISA , 1971 and he was detained.
On November 5, 1975, SAFEMA Ordinance was Promulgated by the president of India which was later made into an Act with effect from the date of Ordinance.
By its order dated September 22, 1975 the High companyrt of Bombay quashed the order of detention dated December 19, 1974.
On the same day, however, a fresh order of detention made under Section 3 read with Section 12 A of COFEPOSA was served on solanki He companytinued under detention.
On May 1, 1976, as stated above, Solanki died while under detention.
The petitioner did so.
While it was pending, he died.
Thereupon the petitioner approached the Delhi High Court by way of a writ petition challenging the said orders under SAFEMA writ petition No.
It has been numbered as writ petition 574 of 1994.
The writ petition filed by Solanki against the detention order under MISA was withdrawn and dismissed as infructuous.
the detente had expired while in detention, as stated above, on May 1, 1976 itself.
While that writ petition was pending, parliament enacted COFEPOSA and it was brought into force on December 19, 1974.
On January 19,1976, Solanki filed a writ petition Criminal M.P. No.
On 11th March, 1976, numberices were issued under Section 6 of SAFEMA to the petitioner proposing forfeiture of the properties standing in her name.
The High Court dismissed the writ petition on 12.10.79 against which the present SLP was filed in June 1980.
If the petitioner makes an application for companytinuing the writ petition as mentioned in direction 1 above, the orders made against her in SAFEMA shall remain stayed pending disposal of the said writ petition.
The writ petition was admitted and numberice was issued to the State.
An appeal preferred by the petitioner was dismissed by the Tribunal on June 7, 1979.
On the same day, the order of detention under MISA was revoked and an order of detention was passed under COFEPOSA against Solanki.
The petitioner sent her reply thereto.
Petitioner is the widow of one Shrikrishna Gopilal Solanki who died on May 1, 1976 while in detention.
Admittedly it was an incorrect representation.
Solanki questioned the same by way of a writ petition in the Bombay High Court.
Another numberice under Section 6 of SAFEMA was issued to the petitioner on October 19, 1976.
Thereafter by an order dated September 8, 1994, this Court treated the said Civil Appeal as a writ petition under Article 32 of the Constitution.
1487 of 1979 .
Pursuant to the numberice issued under Section 6, the Authority under SAFEMA passed orders forfeiting the petitioners properties under the said Act.
On April 12, 1977, the writ petition filed by solanki criminal M.P. 134 of 1976 was dismissed as infructuous on a representation made by the Public Prosecutor appearing for the State that the detente has been released.
As against this, the companytention of the petitioner is solanki had filed a writ petition challenging the validity of the aforesaid order of detention in the Bombay High Court.
On 18.4.1983 this Court granted special leave to appeal and on 12.11.92, the companyrt permitted the petitioner to amend her S.L.P. so as to challenge the detention order dated 22 September, 1975 made against her deceased husband.
134 of 1976 in the Bombay High Court challenging the validity of the order of detention dated September 22, 1975.
