ORDER

Petitioner is the widow of one Shrikrishna Gopilal Solanki who died on May 1, 1976 while in detention. The petitioner is seeking to question the validity of a detention order passed against her husband under Section 3 read with Section 12-A of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, (COFEPOSA), 1974, for the reason that on the basis of such detention order, proceedings have been initiated against her properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, (SAFEMA), 1976.

2. An order dated September 25, 1974 was passed against Solanki under Section 3 of Maintenance of Internal Security Act, (M1SA), 1971 and he was detained. Solanki questioned the same by way of a writ petition in the Bombay High Court. While that writ petition was pending, Parliament enacted COFEPOSA and it was brought into force on December 19, 1974. On the same day, the order of detention under MISA was revoked and an order of detention was passed under COFEPOSA against Solanki. The writ petition filed by Solanki against the detention order under MISA was withdrawn and dismissed as infructuous.

3. On June 25, 1975 the President of India proclaimed emergency under Article 352 of the Constitution and on June 27, 1975, the President made an order under and in terms of Article 359 of the Constitution suspending certain fundamental rights.

4. By its order dated September 22, 1975 the High Court of Bombay quashed the order of detention dated December 19, 1974. On the same day, however, a fresh order of detention made under Section 3 read with Section 12-A of COFEPOSA was served on Solanki. He continued under detention.

On November 5, 1975, SAFEMA Ordinance was promulgated by the President of India which was later made to an Act with effect from the date of Ordinance.

On January 19, 1976, Solanki filed a writ petition (Criminal M.P. No. 134 of 1976)

in the Bombay High Court challenging the validity of the order of detention dated September 22, 1975. The writ petition was admitted and notice was issued to the State.

On 11th March, 1976, notices were issued under Section 6 of SAFEMA to the petitioner proposing forfeiture of the properties standing in her name.

On May 1,1976, as stated above, Solanki died while under detention.

Another notice under Section 6 of SAFEMA was issued to the petitioner on October 19, 1976. The petitioner sent her reply thereto.

5. On April 12, 1977, the writ petition filed by Solanki (Criminal M.P. 134 of 1976) was dismissed as infructuous on a representation made by the Public Prosecutor appearing for the State that the detenue has been released. Admittedly it was an incorrect representation. The detenue had expired while in detention, as stated above, on May 1, 1976 itself.

6. Pursuant to the notice issued under Section 6, the Authority under SAFEMA passed orders forfeiting the petitioner s properties under the said Act. An appeal preferred by the petitioner was dismissed by the Tribunal on June 7, 1979. Thereupon the petitioner approached the Delhi High Court by way of a writ petition challenging the said orders under SAFEMA (writ petition No. 1487 of 1979). The High Court dismissed the writ petition on 12.10.79 against which the present SLP was filed in June 1980. On 18.4.1983 this Court granted special leave to appeal and on 12.11.92, the Court permitted the petitioner to amend her SLP so as to challenge the detention order dated 22 September, 1975 made against her deceased husband. The petitioner did so. Thereafter by an order dated September 8, 1994, this Court treated the said Civil Appeal as a writ petition under Article 32 of the Constitution. It has been numbered as writ petition 574 of 1994.

7. Under Section 2(2)(b)(iv) of SAFEMA, proceedings under the said Act can be taken in case of a person (his relatives and associates) against whom an order of detention has been made under COFEPOSA and "such order of detention has not been set aside by a Court of comp