COFEPOSA - reasons for revoking or refusing to revoke the detention order need not be communicated – EIB communicates High Court order
In BHAVANA MEHRA & ANR vs U.O.I. & ANR , () the High Court of Delhi held that an order under Section 11, which is communicated to the affected party, need not contain the reasons for refusing to revoke the detention order. This position would hold good even in pre-detention cases. While deciding on the representations made by the petitioner, reasons for revoking or refusing to revoke the detention order need not be communicated. However, the detaining authority would record the reasons in its file .
The Central Economic Intelligence Bureau has now communicated this order to the field including DRI , ED, Chief Commissioners and Commissioners of Customs and Central Excise – after five years – with a direction that “ copy of this judgment may be circulated to all field offices, under your control and they may also be suitably advised to keep the observations of the Hon'ble High Court of Delhi in the above-mentioned case in view, while dealing with COFEPOSA Cases in future.”
It just took five years for the premier Intelligence Agency to communicate an important High Court order.
CEIB letter NO . , Dated: April 28, 2008