The Supreme Court on Thursday emphasized the importance of prompt decision-making in cases involving personal liberty, as it ordered the immediate release of Appisseril Kochu Mohammed Shaji, detained under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974. The apex court highlighted significant delays in handling Shaji’s representation by authorities, which it deemed a violation of constitutional obligations.
A bench led by Justice B R Gavai criticized the casual approach of prison authorities that led to a nine-month delay in processing Shaji’s plea. “In matters pertaining to personal liberty, each day’s delay matters,” the bench stated in its 60-page verdict. This decision came after reviewing an appeal by Shaji’s wife, which challenged a Kerala High Court order that had dismissed her plea for her husband’s production.
The Supreme Court found that the non-supply of essential statements considered by the detaining authority infringed on Shaji’s right to make an effective representation, as guaranteed under Article 22(5) of the Constitution. This Article mandates that a detained person must be informed of the grounds of detention and allowed a fair opportunity to contest it.
The justices noted the flawed transmission of Shaji’s representation, which was merely sent through ordinary post by jail authorities and failed to reach the detaining authority or the central government timely. This mismanagement came to light only after the Supreme Court’s intervention, when the representation was finally emailed to the concerned authorities and subsequently rejected.
The court lambasted the prison authorities for their handling of the representation, stressing that in an era of technological advancement, more reliable methods like email or speed post should be used to ensure prompt and verifiable delivery of such critical documents.
Justice Gavai’s bench, while allowing the appeal, stated that the detention order was to be quashed not only due to procedural lapses but also because of the fundamental right to a swift decision on representations concerning personal liberty.
