TMI Blog2005 (10) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... ion it was absolutely essential for the second respondent herein to apply her mind not only at the time of grant of approval to the proposal for detention but also when the actual order of detention and grounds thereof are prepared. To the aforementioned extent there has been no application of mind on the part of the second respondent herein, and, thus, we are of the opinion that the impugned order of detention dated 3-11-2004 cannot be sustained. - Criminal Appeal No. 1337 of 2005. - - - Dated:- 7-10-2005 - S.B. SINHA AND R.V. RAVEENDRAN, JJ. ORDER 1. Leave granted. 2. This appeal is directed against the judgment dated 18-3-2005 of the High Court of Judicature at Bombay in Writ Petition No. 2482 of 2004 wherein the prayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the same is almost the verbatim production of the proposal made to the detaining authority by the sponsoring authority only by altering the word he with you . With a view to appreciate the aforementioned contention of the appellant we may extract the following from the order of detention: That you does not have a ration card; that you travels frequently to Hong Kong, Singapore, United Kingdom and sometimes to Phillippines; that you arranges and organises tours for Asians; that you does not have a tour operator licence; that you assists your tourists in shopping and sight seeing; that you does not pay any tax in India; that you does not have any vehicle in India or abroad; that you are a Green Card-holder at Hong Kong; that you t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri P.S. Goyal, Deputy Director. It further appears that the order of detention as well as grounds therefor were formulated and placed before her for approval. It appears that only small changes were made by some officers. 9. Perusal of the proposal made by the sponsoring authority and the order of detention passed by the detaining authority would show that except by substituting word he by you no other change was effected. 10. But for the said change the proposal and the order of detention is verbatim the same. 11. Mr Naphade, learned Senior Counsel appearing for the respondent submitted that from the records produced before us it would be evident that there had been due application of mind on the part of Respondent 2 in passin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ph by paragraph. In the grounds of detention, all that the District Magistrate, has done is to change the first three words 'the subject is' into 'you Jai Singh, s/o Ram Singh, resident of Village Bharakh, Tehsil Reasi'. Thereafter word for word the police dossier is repeated and the word 'he' wherever it occurs referring to Jai Singh in the dossier is changed into 'you' in the grounds of detention. We are afraid it is difficult to find greater proof of non-application of mind. The liberty of a subject is a serious matter and it is not to be trifled with in this casual, indifferent and routine manner. 13. For the reasons aforementioned the order of detention passed against the detenu Vashdev Gobardhan as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
