9911796707
TMI Blog1980 (2) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... n the grounds of detention. Before the documents were supplied, an incomplete representation was made by the detenu on 22-9-1979. The documents were supplied on 25-9-1979, 27-9-1979 and 3-10-1979. The detenu again made a second representation on 5-10-1979 and requested that the order of detention may be revoked by the Central Government. Mr. A. K. Sen, the learned counsel for the petitioner, submitted that the representation requesting the Central Government to order the revocation under S. 11 of the Act was not forwarded by the detaining authority to the Central Government and as such the detention is illegal. In the memorandum of grounds in his writ petition at paragraph XIV the detenu submitted that he made representation to the Central ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... representation be placed before COFEPOSA Advisory Board alongwith the earlier representation. (c) That the Advisory Board be pleased to report to the Central Government to revoke the impugned order of detention." The request of the detenu is clear: He prayed for the revocation of the order of detention by the Central Government. It is not the case of the detaining authority that he did not understand the representation as being intended for the Central Government. On the other hand, his plea is that the mere fact that the Central Government has not considered the representation would not vitiate the order of detention. The detaining authority is the Additional Secretary, Government of India, Ministry of Finance and it is not disputed that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he first representation was to the Central Government but made for the first time in the Court before us. In any event, it is clear that a representation properly addressed by the detenu to the Central Government was not forwarded to the Central Government and as such no action had been taken up to date. It may be permissible for the Central Government to take reasonable time for disposing any revocation petition. But it would not be justified in ignoring the representation for revocation of the detention as a statutory duty is cast upon the Central Government. It is necessary that the Government should apply its mind and either revoke the order of detention or dismiss the petition, declining to order for revocation. The question that aris ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
