9911796707
TMI Blog1987 (11) TMI 405X X X X Extracts X X X X X X X X Extracts X X X X ..... as to whether the impugned order pertains to maintenance of public order or merely relates to law and order. While the petitioner was detained in Central Jail, Meerut, he handed over a representation addressed to the State Government of Uttar Pradesh, to the Jail Superintendent with an endorsement forwarding a copy thereof to the Secretary to the Government of India, Ministry of Home Affairs (Internal Security Section), North Block, New Delhi. The writ petition was filed in this Court on September 7, 1987 questioning the validity of the impugned order on various grounds. It has been averred in paragraph 12 that the said representation to the State Government with the request that a copy thereof be forwarded to the Central Government, was m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on was immediately processed for. consideration and the Ministry of Home Affairs took a decision on October 16, 1987 to reject the representation. It is also stated that the decision so taken was communicated to all concerned on October 19, 1987 through a wireless message. 3. From a narration of events it is apparent that there was no delay on the part of the Central Government in considering the representation made by the petitioner. The fact however remains that the representation addressed to the State Government by the petitioner and marked to the Central Government remained unattended to till October 19, 1987. Presumably, the copy of the representation was lying at the Secretariat at Lucknow. It is now accepted in the counter-affidavit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4(1) of the Act confers upon the Central Government the power to revoke an order of detention even if it is made by the State Government or its officer. That power, in order to be real and effective, must imply a right in a detenu to make representation to the Central Government against the order of detention. Thus, the failure of the State Government to comply with the request of the detenu for the onward transmission of the representation to the Central Government has deprived the detenu of his valuable right to have his detention revoked by that Government. That being so, the continued detention of the detenu must be held to be illegal and constitutionally impermissible. 4. We accordingly allow the writ petition and direct the issuance o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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