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1981 (1) TMI 251 - SC - FEMAWhether or not the documents demanded by the detenu were relevant was decided not by the Minister who was the detaining authority but by the Secretary? Held that:- it is absolutely clear to us that whether the documents concerned are referred to, relied upon or taken into consideration by the detaining authority they have to be supplied to the detenu as part of the grounds so as to enable the detenu to make an effective representation immediately on receiving the grounds of detention. This not having been done in the present case the continued detention of the petitioner must be held to be void. The representation made by the detenu on 3-10-1980 has been rejected on 14-10-1980 not by the Home Minister but by the Secretary, thus, the representation has been rejected by an authority which had no jurisdiction at all to consider or pass any orders on the representation of the detenu. Allow this petition and direct the detenu to be released
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