File. | Photo Credit: SHIV KUMAR PUSHPAKAR The Supreme Court has struck down the detention of a person under the anti-smuggling law on learning that the jail authorities delayed sending his representation against the restraining order for nine months.A three-judge Bench headed by Justice B.R. Gavai, in a 60-page judgment, found the conduct of the jail authorities “callous and casual”.The prison officials had opted to send the detenu’s representation by ordinary post rather than email it. Justice Gavai, who authored the judgment, ordered the man to be released forthwith, observing that “in matters pertaining to personal liberty of the citizens, the authorities are enjoined with a constitutional obligation to decide the representation with utmost expedition. Each day’s delay matters in such a case”.Kochu Mohammed Shaji was detained on August 31 last year under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, to “prevent him from acting in any manner prejudicial to the augmentation of foreign exchange in future”. Mr. Shaji was taken into custody on September 2, 2023, and put in detention in Central Prisons at Poojapura in Thiruvananthapuram, Kerala.The judgment said the conduct of the prison authorities violated the detenu’s right under Article 22(5) of the Constitution. “Prison authorities should ensure that the representations are sent to the competent authorities immediately after the receipt thereof. In the present era of technological development, the representation can be sent through email within a day,” Justice Gavai observed. Published – September 17, 2024 02:31 am IST