Home Case Index All Cases FEMA FEMA + SC FEMA - 1980 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1980 (2) TMI 257 - SC - FEMAWhether 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? Held that:- 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. As to what will be the consequence if a properly addressed petition is not forwarded to the Central Government and as such left unattended for a period of nearly four months. We feel that in such circumstances the detention cannot be justified as being according to the procedure. In the circumstances we do not feel that we will be justified in sending the representation to the Central Government for disposal at this stage & feel that the continued detention of the detenu cannot be held to be according to procedure. Petition allowed.
|