SMT. GANGADEVI versus UNION OF INDIA AND ANR.

Citation: [1996] SUPP. 7 S.C.R. 128 · Decided: 01-10-1996 · Supreme Court of India · Bench: B.P. JEEVAN REDDY · Disposal: Disposed off
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Judgment (excerpt)

A 
B 
c 
SMT. GANGADEVI 
v. 
UNION OF INDIA AND ANR. 
OCTOBER 1, 1996 
[B.P. JEEVAN REDDY AND K.S. PARIPOORNAN, JJ.) 
Conservation of Foreign Exchange and Prevention of Smuggling Ac-
tivities Act, 1974/Smugglers and Foreign Exchange Manipulators (Forfeiture 
of Property) Act, 1976: 
S.3 read with s.12A/s.6-Relative's right to contest/challenge the order 
of detention of detenu after his death-Detenu filing writ petition challengbig 
his order of detention dated 22.9.1975-Notice u/s.6 of SAFEMA issued on 
11.3.1976 Pending writ petition detenu died on 1.5.1976-Writ petition dis-
D missed as infrnctuous on the statement of Public Prosecutor that detenu had 
been released-Orders under SAFE MA passed forfeiting his properties---Wif e 
of detenu challenged the orders under SAFEMA-High Court dismissed wlit 
petition-Special leave petition by wife-This Court pennitted the wife to 
challenge the order of detention of her husband-Appeal was treated as Wlit 
petition under Article 32 of the Constitution-Held, writ petition filed by 
E detenu was not decided on melits, and the order dated 12.4.1977 on the writ 
petition on the basis of an inco"ect representation made by the State is a 
nullity--Wif e of detenu is entitled to contest the wlit petition filed by her 
husband and to challenge proceedings under s.6 of SAFEMA-Challenge to 
the order of detention passed on 22.9.1975 has to be examined with reference 
p 
to the law obtaining as on that date-Writ petition challenging the detention 
order and dismissed by Bombay High Court would be treated as pending and 
the wife of deceased detenu would be allowed to continue the said writ 
petition-!f she makes application for continuation of the writ petition the 
orders made against her in SAFEMA shall abide by the result of the said writ 
G petition. 
Attorney General for India and Others v. Amrat Lal Prajivandas and 
Others, [1994) 5 S.C.C. 54, followed. 
CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 574 of 
H 1994. 
128 
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J 
<.-
GANGADEVI v. U.O.I. 
(Under Article 32 of the Constitution of India.) 
S.V .. Tambwekar for the Petitioner. 
V.K. Verma and C.V. Subba Rao for the Respondents. 
The following Order of the Court was delivered: 
129 
Petitioner is the widow of one Shrikrishna Gopilal Solanki who died 
on May 1, 1976 while in detention. 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 Preven-
A 
B 
tion of Smuggling Activities Act, (COFEPOSA), 1974, for the reason that C 
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 D 
Section 3 of Maintenance of Internal Security Act, (MISA), 1971 and he 
was detained. Solanki questioned the same by way of a writ petition in the 
Bombay High Court. While that writ petition was pending, Parliament 
enacted COFEPOSA and it was brought into force on December 19, 1974. 
On the same day, the order of detention under MISA was revoked and an 
order of detention was passed under COFEPOSA against Solanki. The writ E 
petition filed by Solanki against the detention order under MISA was 
withdrawn and dismissed as infructuous. . 
On June 25, 1975 t~e President of India proclaimed emergency under 
Article 352 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. 
By its order dated September 22, 1975 the High Court of Bombay 
quashed the order of detention dated December 19, 1974. On the same 
F 
day, however, a fresh order of detention made under Section 3 read with G 
Section 12-A of COFEPOSA was served on Solanki. He continued under 
detention. 
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. 
H 
130 
SUPREME COURT REPORTS [1996] SUPP. 7 S.C.R. 
A 
On January 19, 1976, Solanki filed a writ petition (Criminal M.P. No. 
134 of 1976) in the Bombay High Court challenging the validity of the order 
of detention dated September 22, 1975. The writ petition was admitted and 
notice was issued to the State. 
On 11th March, 1976, notices were issued under Section 6 of 
B SAFEMA to the petitioner
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