Common ground is that an order of detention under Section 3 of the COFEPOSA was served on all the detenus on 10th March, 2011 on whose behalf petitions were filed before the High Court and therefore, their detention under the COFEPOSA companymenced on and from 10th March, 2011.
Thereafter parawise companyments on the representation were called for from the Additional Director General, Directorate of Revenue Intelligence and the detaining authority i.e. Government of Kerala on 25th April, 2011.
This delay on the part of the Central Government in the rejection of the detention representation has been sought to be explained on the basis of an affidavit filed on behalf of the Central Government.
The admitted facts are that representations were made by the detenus on the 30th March, 2011 and the same were rejected by the State Government on 8th April, 2011.
The companyments of the detaining authority were received on 18th May, 2011.
4th and 5th June, 2011 were Saturday and Sunday and ultimately, the said representations were companysidered and rejected by the Central Government on 6th June, 2011 as being devoid of merit.
The companyments were received on 10th May, 2011.
After detailed examination of the issues raised in the representations and companyments of the Sponsoring Authority and the detaining authority, the Deputy Secretary submitted the file with companyprehensive numbere to the Joint Secretary, COFEPOSA on 3rd June, 2011.
It has been observed that 22nd April, 2011 to 24th April, 2011 were holidays.
Our attention has been drawn to the said affidavit which has been filed by one A.K. Sharma, Under Secretary to the Government of India in the Ministry of Finance, Department of Revenue, Central Economic Intelligence Bureau, COFEPOSA Section, New Delhi.
A perusal of para 3 of the affidavit reveals that the representation dated 30th March, 2011 was forwarded by the State Government of Kerala to the Central Government by their letter dated 16th April, 2011 and the same was received in the COFEPOSA Unit of the Ministry of Finance, Department of Revenue, New Delhi on 21st April, 2011.
The purported explanation has been given in para 3 of the said affidavit.
Then the COFEPOSA Section submitted the file along with all the relevant files and documents to the Deputy Secretary, COFEPOSA on 18th May, 2011 for examination.
GANGULY, J. Leave granted.
All these four appeals have been filed impugning an order dated 30th September, 2011 of the High Court of Kerala whereby the writ petitions filed for issuance of writs of Habeas Corpus, assailing the orders of detention dated 26th February, 2011 passed under the provisions of Conservation of Foreign Exchange and prevention of Smuggling Activities Act, 1974 hereinafter referred to as the COFEPOSA were rejected by the High Court.
