Judgement

SABYASACHI MUKHARJI, J. :- One allegedly Venilal D. Mehta is the father, Miss Pragna Mehta is the daughter and Bharat Mehta is the son. They all have been detained under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the Act), by virtue of an order dated 19th June, 1984.

2. Their detentions are challenged in three writ petitions under Article 32 of the Constitution, filed by Prakash Chandra Mehta, another son of Venilal D. Mehta and brother of Miss Pragna. Mehta and Bharat Mehta.

3. The facts of these cases basically more or less are the same with certain minor variations which shall be noticed.

4. On the 2nd May, 1984, the father and daughter - Venilal D. Mehta and Pragna Mehta were arrested by the officers of the Central Excise and Customs, Cochin on an accusation of having in their possession 60 gold biscuits alleged to be of foreign origin. After their arrest, the father and his daughter were taken to the office of the Central Excise and Customs, Cochin where statements were made on their behalf. It is, however, the allegation of the petitioner that such statements were obtained by use of third degree method, molestation of the daughter, threat and intimidation. We are not concerned with the truth or otherwise of such allegation for the purpose of this application. The statements of the daughter as well as the father were written by the daughter. It is further alleged in the petition that the statement was written by the daughter as dictated by the officers concerned. The father, Venilal D. Mehta put his signature in English as Balvant Shah. It must be noted that the statement in English was written by the daughter. It is alleged that the father and the daughter told the officers concerned that the correct name of the father was Venilal Mehta. It is the case of the father in the petition on his behalf that he does not understand, read or speak or write English but he can only sign his name in English. After the said statement, the father and the daughter were taken to the Hotel Dwarka where they were kept in separate rooms under the guard of the officers. It is alleged on behalf of the father and the daughter that no legal assistance was allowed in spite of repeated requests.

5. On the next day, the father and the daughter were brought to the office of the Central Excise and Customs, Cochin, where once again, the daughter wrote a statement on her behalf and on behalf of her father. It is alleged that neither the said statement was explained to the father nor a copy was supplied. After the said recording of the statement, both the father and the daughter were kept detained at the Customs Department.

6. In the meanwhile one Bharat Mehta, another son of the father Venilal Mehta who had come from Calcutta to arrange for bail was brought under arrest by the officers of the Central Excise in the presence of the father and was asked to identify the father and his sister whereupon Shri Bharat Mehta identified Shri Venilal D. Mehta as his father and Miss Pragna Mehta as his sister. Upon such identification, Miss Pragna Mehta wrote down a third statement - one on behalf of her father and one on her own behalf. It is alleged that such statements were dictated by the officers of the Central Excise.

7. Bharat Mehta also wrote down a statement on his behalf which is similarly alleged to have been written as dictated by the officers. That all the three aforesaid persons - Venilal D. Mehta, Miss Pragna Mehta and Bharat Mehta were produced before the Acting Chief Judicial Magistrate on 5th May, 1984 at 8.30 p.m. at his residence at Vanala and were remanded to jail custody.

8. So far as Bharat Mehta is concerned, on 2nd May. 1984, he was in Calcutta and he was informed by his brother from Bombay that his father Venilal Mehta and his sister Pragna Mehta had been arrested and upon hearing that he left for Bombay and arrived in Bombay by the evening flight. On