P.N.BHAGWATI, SYED M.FAZAL ALI
FRANCES CORALIE MULLIN – Appellant
Versus
ADMINISTRATOR,union TERRITORY OF DELHI – Respondent
JUDGMENT
BHAGWATI, J:- This Petition under Article 32 of the Constitution raises a question in regard of the right of a detenu under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (hereinafter referred to as COFEPOSA Act) to have interview with a lawyer and the members of her family. The facts giving rise to the petition are few and undisputed and may be briefly stated as follows :the petitioner, who is a British national, was arrested and detained in the Central Jail, Tihar under an order dated 23rd Nov. 1979, issued under Sec. 3 of the COFEPOSA Act. She preferred a petition in this Court for a writ of habeas corpus challenging her detention, but by a judgment delivered by this Court on 27/02/1980, (Reported in AIR 1980 SC 849), her petition was rejected with the result that she continued to remain under detention in the Tihar Central Jail. Whilst under detention, the petitioner experienced considerable difficulty in having interview with her lawyer and the members of her family. Her daughter aged about five years and her sister, who was looking after the daughter, were permitted to have interview with her only once in a month and she was not allowe
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