MAFFIYA M.K v. UNION OF INDIA

such circumstances, we are of the view that the continuation of detention will have to be interfered and the detenu has to be released as he has not been accorded with the constitutional protection as envisaged under Article 22(5). Accordingly, we order release of the detenu forthwith. In the meanwhile issue guidelines in regard to forwarding representations, we direct hereafter, the representation shall be forwarded by all Jail Superintendent in following manner :- (i) They shall forward e-mail copies both in the e-mail address of the Detention Authority as well as Central Government. The Sponsoring Authority immediate on detention order shall forward the relevant e-mail IDs of the concerned to the Jail Superintendent. Immediately on forwarding the e-mail copies physical copies also shall be forwarded all the authorities concerned. (ii) We direct necessary instructions shall be issued by the DGP of the Prison to all Jail Superintendent in the Jail. DGP shall direct that if any laches on the part of the Jail Superintendent in following the guidelines in the directions as above will entail in disciplinary actions against such officers. (iii) Registry of this Court shall forward a copy of this order today WP(CRL.) NO. 95 OF 2024 7 itself to the Jail Superintendent, Poojapura Central Prison for necessary action to release of the detenu today itself. This writ petition is disposed of . Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- M.A.ABDUL HAKHIM JUDGE SMA WP(CRL.) NO. 95 OF 2024 8 APPENDIX OF WP(CRL.) 95/2024 PETITIONER EXHIBITS :- Exhibit P-1 Exhibit P-2 Exhibit P-3 Exhibit P-4 Exhibit P-5 Exhibit P-6 Exhibit P-7 Exhibit P-8 Exhibit P-9 TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE DETENUE DATED 14-11-2020 TRUE COPY OF THE ORDER F. NO. PD- 12001/13/2019-COFEPOSA DATED 20-05-2019, ISSUED BY THE 3RD RESPONDENT TRUE COPY OF THE GROUNDS OF DETENTION DATED 20-05-2019 TRUE COPY OF THE REPRESENTATION DATED 30- 10-2023 SUBMITTED TO THE 3RD RESPONDENT THROUGH THE 5TH RESPONDENT TRUE COPY OF THE LETTER DATED 09-11-2023 ISSUED BY THE DEPUTY SECRETARY TO THE 1ST RESPONDENT TRUE COPY OF THE LETTER DATED 14-11-2023 ISSUED BY THE DEPUTY SECRETARY TO THE 1ST RESPONDENT TO THE HON'BLE JUDGES OF THE ADVISORY BOARD TRUE COPY OF THE REQUEST DATED 07-12-2023 MADE BEFORE THE ADVISORY BOARD ON BEHALF OF THE DETENUE BY HIS COUNSEL TRUE COPY OF THE MEDICAL REPORT OF THE DETENUE DATED 15-12-2023 TRUE COPY OF THE COMMUNICATION ISSUED BY THE UNDER SECRETARY TO THE 1ST RESPONDENT DATED 11-12-2023 Exhibit P-10 TRUE COPY OF THE ORDER DATED 02-01-2024 ISSUED BY THE UNDER SECRETARY TO THE 1ST RESPONDENT WP(CRL.) NO. 95 OF 2024 9 Exhibit P-11 True copy of the memorandum dated 07-02- 2024 issued to the detenue by the Deputy Secretary to the Government of India RESPONDENT EXHIBITS :- EXHIBIT R5 (a ) TRUE COPY OF DETENTION ORDER NO.F.No.PD- 12001/13/2019-COFEPOSA DATED 20.5.2019 EXHIBIT R5 (b) TRUE No.C.P.11(3)151/COFEPOSA/D.1764/2022 DATED 18.10.2023 COPY OF NOTICE EXHIBIT R5(c) TRUE COPY OF THE LETTER No.C.P.11(3)- 4247/2023/CP Tvm dated 18.10.2023 SENT TO THE JOINT SECRETARY MINISTRY OF FINANCE EXHIBIT R5 (d) TRUE COPY OF THE LETTER No.C.P.11(3)- 4247/2023/CPTvm dated 18.10.2023 SENT TO THE ACS HOME(SSA) DEPARTMENT EXHIBIT R5 (e) EXHIBIT R5(f) EXHIBIT R5 (g) EXHIBIT R5(h) TRUE COPY OF THE LETTER No.C.P.11(3)- 4247/2023/CPTvm dated 18.10.2023 SENT TO THE ADDITIONAL DIRECTOR GENERAL , DRI , COCHIN ZONAL UNIT TRUE COPY OF THE LETTER No.C.P.11(3)- 4247/2023/CPTvm dated 18.10.2023 SENT TO THE DIRECTOR GENERAL OF PRISONS AND CORRECTIONAL SERVICES,PRISONS HEAD QUARTERS TVM OF COPY TRUE .O.R No.DRI/CoZU/KRU/01/ENQ-1/01/2019 DATED 19.10.2023 FROM THE DIRECTORATE OF REVENUE INTELLIGENCE , KANNUR REGIONAL UNIT LETTER COPY LETTER TRUE O.R.No.DRI/CZU/KRU/01/ENQ-1/2019 DATED 19.10.2023 FROM THE DIRECTORATE OF REVENUE INTELLIGENCE , KANNUR REGIONAL OF WP(CRL.) NO. 95 OF 2024 10 UNIT EXHIBIT R5 (i) EXHIBIT R5(j) EXHIBIT R5 (k) TRUE COPY OF LETTER No.CP-11(3)- D.1764/2023/CPTvm DATED 31.10.2023 SENT TO THE JOINT SECRETARY (COFEPOSA) MINISTRY OF FINANCE NEW DELHI TRUE COPY OF LETTER No.CP-11(3)- D.1764/2023/CPTvm DATED 31.10.2023 SENT TO THE DIRECTOR GENERAL, CENTRAL ECONOMIC INTELLIGENCE BUREAU MINISTRY OF FINANCE NEW DELHI TRUE COPY OF LETTER No.CP-11(3)- D.1764/2023/CPTvm DATED 31.10.2023 SENT TO THE CHAIRMAN , COFEPOSA ADVISORY BOARD HIGH COURT OF KERALA EXHIBIT R5(l) TRUE COPY OF THE ACKNOWLEDGEMENT DATED 9.11.2023 EXHIBIT R5 (m) TRUE COPY OF THE LETTER No.PD- 13001/01/2023-COFEPOSA DATED 14.11.2023 EXHIBIT R5(n) EXHIBIT R5 (o) EXHIBIT R5 (p) TRUE COPY OF LETTER No.CP-11(3)- 4247/2023/CPTvm DATED 23.11.2023 FROM SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME TVM TRUE COPY OF LETTER No.CP-11(3)- 4247/2023/CPTvm DATED 12.12.2023 AND 14.12.2023 FROM THE SUPERINTENDENT, CENTRAL PRISON AND CORRECTIONAL HOME TVM COPY LETTER TRUE No.F.No.DRI/CoZU/KRU/01/Enq-01/2019 DATED 12.12.2023 OF THE ASSISTANT DIRECTOR, DIRECTORATE OF REVENUE INTELLIGENCE, KANNUR REGIONAL UNIT OF EXHIBIT R5(q) TRUE COPY OF THE MEDICAL CERTIFICATE DATED No.CP8(3)-5044/2023/CPTvm WP(CRL.) NO. 95 OF 2024 11 EXHIBIT R5 (r)

15.12.2023 ISSUED BY THE PRISON MEDICAL OFFICER CENTRAL PRISON AND CORRECTIONAL HOME TVM TRUE COPY OF LETTER No.CP-11(3)- 4247/2023/CPTvm DATED 3.1.2024 AND 5.1.2024 FROM CENTRAL PRISON AND CORRECTIONAL HOME TVM