STATE OF MAHARASHTRA & ANOTHER vs SMT. SUSHILA MAFATLAL SHAH & OTHERS

The Supreme Court held that under Article 22(5) of the Constitution, a detenu does not have the right to make a representation to the officer who passed the detention order, but only to the State and Central Governments. The Court clarified that the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) do not require a different procedure for representations based on whether the order was made by a State or Central Government officer. The High Court's ruling that the detenu had a right to representation to the detaining authority was overturned, affirming the validity of the detention order.