Home Case Index All Cases FEMA FEMA + SC FEMA - 1981 (11) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1981 (11) TMI 175 - SC - FEMAWhether the failure of the State Government of Punjab to forward the representation made by the detenu to the Central Government for revocation of his order of detention under Section 11 of the Act with reasonable despatch renders his continued detention invalid? Held that:- In the present case, there was, therefore, no denial of the right of making a representation to the Central Government for revocation of the order of detention under Section 11 of the Act. There is nothing but the unexplained delay on the part of the State Government and that by itself is not sufficient to invalidate the order of detention. The detenu was not deprived of the right of making a representation to the State Government, i.e., the detaining authority as well as of the right of making a representation to the Central Government for revocation of the order of detention under Section 11 of the Act The representations that he made were duly considered by the State Government and the Central Government. The contention that the unexplained delay on the part of the State Government is sufficient to invalidate the order of detention can hardly be accepted. The Court must look at the substance of the matter and not act on mere technicality. Appeal dismissed.
|