Court : Kerala
Decided on : Feb-28-2000
Reported in : 2000(69)ECC356
Arijit Pasayat, C.J.1. Magna Carta of English Law, contains a clause which reads as follows:No free man shall be taken or imprisoned, or disseized, or outlawed, or exiled, or in any way destroyed; nor shall we go upon him, nor spend upon him, but by the lawful judgment of his pears, and by the law of the land.Birth of Article 21 of Constitution of India, 1950 (in short 'the Constitution') in the world history can be traced to 1215, when Magna Carta saw light of the day. King John granted the charter of liberties under threat of civil war. Successive English monarch confirmed this Charter of English liberty. One of these confirmations known as 'Statute of Westminster of the Liberties of London', which was in 1354 spoke:No man.shall be imprisoned.without being brought in answer by due process of law.Article 21 of the Constitution deals with fundamental right to life. Article 22 is very intimately connected with Article 21. The first two clauses of that Article contain very valuable safeg...
Tag this Judgment!Court : Kerala
Decided on : Feb-28-2000
Reported in : 2000CriLJ2015
Arijit Pasayat, C. J.1. Magna Carta of English Law, contains a clause which reads as follows :No free man shall be taken or imprisoned, or disseized, or outlawed, or exiled, or in any way destroyed; nor shall we go upon him, nor send upon him, but by the lawful judgment of his pears, and by the law of the land.Birth of Article 21 of Constitution of India, 1950 (in short 'the Constitution') in the world history can be traced to 1215, when Magna Carta saw light of the day. King John granted the charter of liberties under threat of civil war. Successive English monarch confirmed this Charter of English liberty. One of these confirmations known as 'Statute of Westminster of the Liberties of London', which was in 1354 spoke :No man...shall be imprisoned...without being brought in answer by due process of law.' Article 21 of the Constitution deals with fundamental right to life. Article 22 is very intimately connected with Article 21. The first two clauses of that Article contain very valuab...
Tag this Judgment!Court : Kerala
Decided on : Aug-18-2000
Reported in : 2001CriLJ434
S. Sankarasubban, J.1. Petitioner is the wife of one Thallassery Parambil Abdul Saleem, who has been detained in the Central Prison, Thiruvananthapuram, under Section 3(1)(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA Act').2. The case of the petitioner is that her husband arrived at Thiruvananthapuram by Qatar Airways Flight No. QR 240 from Abudabi. On enquiry by the Officers, Abdul Saleem (hereinafter referred to as 'the detenu') informed his name and address. On examination of his customs clearance gate pass, it was noticed that on arrival the detenu had opted for green channel and he had not paid any customs duty. To a question whether he had any gold or any other valuable item on his person or inside his baggage, the detenu replied in the negative. Thereafter, the detenu was taken along with his baggage to the X-ray room inside the baggage hall. A detailed examination was conducted by the Offic...
Tag this Judgment!Court : Kerala
Decided on : Apr-04-2000
Reported in : 2000CriLJ3088
Arijit Pasayat, C.J.1. Questioning legality of detention order passed in respect of M. Andru (hereinafter referred to as 'detenu') in terms of Section 3(1)(ii) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short 'the Act'), this Habeas Corpus Application has been filed by his wife. Grounds of detention reveal that on 1-7-1999, one YoosafKaipurathwas intercepted on his arrival at Calicut Airport by Air India Flight from Dubai and after his customs clearance through counter No. 1, on the reasonable belief that he was carrying non-duty paid gold and other contraband goods. In the presence of two independent witnesses, his travel documents and bag gages were examined. When he was asked whether he carried any dutiable items or gold, he replied in the negative. On reasonable belief that he had concealed undeclared gold in his baggage, Superintendent (Air Intelligence Unit), Calicut Airport requested two independent witnesses to witness the examinati...
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