A.S.ANAND, V.N.KHARE
Karimaben K. Bagad – Appellant
Versus
State Of Gujarat – Respondent
Order
Leave granted.
2. The husband of the appellant was detained by an order of detention, dated 25.2.1977 under the provisions of COFEPOSA. That order of detention was challenged by filing a writ petition, being Special Criminal Application No. 101 of 1977 in the High Court of Gujarat. During the pendency of the petition, the order of detention was revoked by the Government on 4.8.1977 and the Court on 8.8.1977 made the following order:
“As the detention is revoked, the petition does not survive. Hence Rule discharged with no order as to costs.”
3. The High Court, thus, did not go into the merits of the case and the various grounds on which the order of detention had been questioned.
4. After the order of detention was revoked, it appears, that a notice under Section 6 of SAFEMA was issued to the husband of the petitioner. While the proceedings under SAFEMA were pending, the husband of the petitioner died. Respondent No. 4, then, made an order on 23.3.1993 holding that the petitioner was a person who fell within the ambit of the mischief of Section 2 of SAFEMA and directed proceedings under Section 7 of SAFEMA to be taken against her. The petitioner questioned the proceedings
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