The Supreme Court on Tuesday ruled that a detainee can challenge a preventive detention order on the grounds of non-supply of documents, without needing to prove that withholding the documents caused prejudice [Shabna Abdulla v The Union of India and others].
A Bench comprising Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan overturned a January 2023 decision by the Kerala High Court, which had held that a detainee could not challenge a detention order on the basis of non-supply of documents unless they could demonstrate that withholding the documents had caused them prejudice.
This verdict came in response to an appeal against the Kerala High Court’s judgment, which was issued in a Habeas Corpus petition seeking the production of Abdul Raoof, a detainee held under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act).
The petition argued that the detention order was unconstitutional, illegal, and unsustainable in law. Raoof, who ran a cargo handling business in Dubai, was detained in April 2021 after a refrigerator compressor and contraband gold weighing 14,763.300 grams, valued at around ₹7 lakh, were seized from an air passenger.
Senior Advocate Raghenth Basant, along with advocates Aanchal Tikmani and Kaushitaki Sharma, represented the detainee before the Supreme Court. Additional Solicitor General Vikramjit Banerjee appeared on behalf of the Central government and the Directorate of Revenue Intelligence, while advocates Nishe Rajen Shonker, Anu K Joy, and Alim Anvar represented the Kerala Police.
