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TMI Blog1998 (7) TMI 551X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion of the learned counsel for the petitioner is that the representation made by the petitioner to the Joint Secretary to Govern- ment, Ministry of Finance, New Delhi, which was received by the first respondent on 15-1-1996, was disposed of after abnormal delay. The other contention put forth by the learned counsel for the petitioner is that the representation made by the detenu to the Government through prison, on 19-1-1996, was decided merely on the basis of a forwarding note of the Joint Secretary, and it shows the non-application of mind while deciding the representation. He submits that in those circumstances, the detention order is liable to be quashed. The learned counsel relied on a decision of this Court in Aminath Rifaya v. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rmission granted allowing the petitioner to raise additional grounds at belated stage, without hearing the respondents, is of no consequence and other- wise, there will be no end to raise additional grounds. 7. So far as the legal position is concerned, it is implicit clear that article 22 gives the right to a detenu, to make representation, if any, to the detaining authority, the Central Government and the Advisory Board and an early opportunity to be given to make such representation. The fact that to give an early opportunity to make a representation and to consider the representation are two distinct obligations, independent to each other, has not been disputed. The learned ACGSC submits that in the instant case that the Joint Secre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ary to Government and then by the Joint Secretary to the Government it is seen, that it was considered independently by the Minister concerned. Therefore, it cannot be said that the order considered and rejected is not the order itself. It cannot also be said that the Minister concerned was influenced by the forwarding note made by the Joint Secretary and as such he has not decided independently, with due application of mind. The argument of the learned counsel for the petitioner in this regard is not sustainable and accordingly it is rejected. 10. The second contention urged by the learned counsel for the petitioner is with regard to raise the additional ground, wherein it is stated that the representation of the petitioner was conside ..... X X X X Extracts X X X X X X X X Extracts X X X X
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