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Issues involved: Challenge to detention order and rejection of representation under Section 11 of COFEPOSA.
Challenge to detention order: The writ petition was filed against the detention order dated 17.08.2001 and the subsequent rejection of the petitioner's representation on 24.04.2007. Three representations were made by the petitioner before the detaining authority, all of which were rejected without being communicated to the petitioner. The court referred to previous judgments and directed the detaining authority to consider and dispose of the representation made by the petitioner. The court clarified that reasons for revoking or refusing to revoke the detention order need not be communicated but should be recorded by the detaining authority. The writ petition was disposed of based on these directions. Rejection of representation under Section 11 of COFEPOSA: The petitioner filed a representation under Section 11 of COFEPOSA for revocation of the detention order, as directed by the Division Bench. However, this representation was rejected on 24.04.2007, citing the petitioner's failure to submit to the process of law. The court found the rejection to be based on a ground not available to the respondents due to the previous court order. The rejection was set aside, and the detaining authority was directed to reconsider the representation, taking into account the current state of law in India. The petitioner was allowed to file a comprehensive representation within two weeks, and the respondents were directed to make a decision within eight weeks without taking any coercive steps in the meantime.
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