Supreme Court Clarifies Detention Rights: Ensures Fair Communication of Grounds

Supreme Court of India, in a significant judgment, upheld the validity of a detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act), emphasizing the importance of communicating detention grounds in a language understood by the detenue and the right to representation. The apex court dismissed the appeal filed against the decision of the High Court of Calcutta.

In the case of Sarfaraz Alam versus Union of India & Others, the appellant challenged the detention order passed against his brother-in-law, under the COFEPOSA Act, on the grounds of improper service and denial of the right to representation. The High Court of Calcutta had earlier upheld the detention order, leading to the matter reaching the Supreme Court.

Justice M. M. Sundresh, delivering the judgment, noted, "The first part involves the bounden duty of the authorities in serving the grounds of detention containing such grounds which weighed in the mind of the detaining authority in passing the detention order." The Court stressed the criticality of effective communication and understanding of the detention grounds for the detenue to exercise their right to representation meaningfully.

The Court observed that the authorities had made considerable efforts to serve the detention grounds in both English and Bengali, complying with Article 22(5) of the Constitution. It was noted that the detenue eventually read the grounds and documents, indicating awareness of his right to make a representation. The Court remarked, "An effective knowledge qua a detenue is of utmost importance," highlighting the essence of fair procedure in detention cases.

Date of Decision: January 04, 2024

SARFARAZ ALAM VS UNION OF INDIA & ORS.