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1979 (5) TMI 146 - SC - FEMAValidity of an order of detention challenged - Held that:- It is amply clear from the record that the representation of the petitioner was not considered by the 1st respondent before he confirmed the order of detention. The 1st respondent thus failed to comply with the constitutional obligation imposed upon him under clause (5) of E: Art. 22. The subsequent consideration and rejection of the representation could not cure the invalidity of the order of confirmation. The detention of the petitioner must, therefore, be held to be illegal and void. These were the reasons for which we made our order dated 11th April, 1979 quashing and setting aside the detention of the petitioner and directing that the petitioner be set at liberty forthwith. Appeal allowed.
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