TMI Blog1980 (2) TMI 257X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - W.P.(C) 1414 OF 1979 - - - Dated:- 20-2-1980 - SYED MURTAZA FAZALALI, P.S. KAILASAM AND A.D.KOSHAL, JJ. JUDGMENT The petitioner is brother of Virendra Ambalal Siroya who was detained by an order of detention dated 31-8-1979 issued by Additional Secretary to the Government of India under S. 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as follows:- It is submitted that the consideration of representation of the detenu by the detaining authority is perfectly valid and legal and in accordance with the law. It is, however, denied that merely because it was not considered by the Central Government, the detention order is vitiated in any way. It is clear from the statement that the representation was not forwarded to the Central Government. The plea on behalf of the detaining authority is that merely because the representation was not considered by the Central Government, the detention order would not be vitiated. The representation of the detenu dated 5-10-1979 is marked as Annexure E . It states that it is a further representation in the matter of his detention. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred on the Central Government by S. 11 is wide enough to enable the Central Government to revoke the detention order at any stage for the words used are a detention order may at any time be revoked or modified. The power of the Central Government to revoke the order of detention implies that the detenu can make a representation for exercise of that power. Any petition for revocation of an order of detention should be dealt with reasonable expedition. In this case it is the main ground urged on behalf of the detenu that the petition of the 5th of October, 1979 was not forwarded to the Central Government and consequently no order has been passed on that petition up to date. In the course of arguments, Mr. A. K. Sen on behalf of the detenu su ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
