9911796707
TMI Blog2006 (11) TMI 642X X X X Extracts X X X X X X X X Extracts X X X X ..... claring it as high value 'G' salt a criminal proceeding was initiated against him. The said incident is said to have taken place on 10-2-2005. The detenu was arrested on 9-3-2005. He was released on bail on 7-4-2005. Indisputably, the detenu made two predetention representations, one on 23-5-2005 and another on 27-6-2005 whereafter the impugned order of detention was prepared. ( 3. ) IT is not in dispute that the order of detention was passed by the empowering authority being Principal Secretary (Appeals and Security), Government of Maharashtra, Home Department. The detenu was arrested in Delhi on 16-2-2006 and he was, thereafter, taken to Mumbai and order of detention was served upon him on 17-2-2006. ( 4. ) THE petitioner (wife ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r dated 2-5-2006. ( 6. ) TWO affidavits were filed on 26-9-2006, one affirmed by Sharad Balkrishna Pawaskar, Under Secretary, Home Department (Special), Government of Maharashtra and another by Chandra Iyengar, Principal Secretary (Appeals and Security), Home Department, Government of Maharashtra. The detaining authority, however, in its affidavit did not make any statement as regards rejection of the representation by the detenu. Thereafter, two affidavits have been affirmed on 7-10-2006, one by Chandra Iyengar, Principal Secretary (Appeals and Security), Home Department, Government of Maharashtra and another by Neela Satyanarayana, Principal Secretary (Forests), Revenue and Forest Department, Government of Maharashtra. The principal con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -4-2006 was a holiday on account of Dr. Ambedkar Jayanti. On 15-4-2006 the assistant concerned of the section submitted the proposal for approval to call for comments of the sponsoring authority. 16-4-2006 was a holiday i.e. Sunday. On 18-4-2006 I granted approval to call for remarks of the sponsoring authority and on the same date letter along with copy of the representation made by the petitioner was sent to the sponsoring authority. The comments of the sponsoring authority were received on 21-4-2006. 22nd and 23rd were 4th Saturday and Sunday and therefore the office was closed. Thereafter, I considered the representation of the petitioner in detail and also in the light of the comments of the sponsoring authority. As the representation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by the detenu were required to be considered both by the detaining authority as also the State Government. They were, thus, required to be considered on their own merit upon application of independent mind on the part of the authorities concerned. If the Additional Chief Secretary of the State of Maharashtra was not in possession of the original records, in our opinion, it was obligatory on his part to call for the records or requisition at least the xerox copies thereof from the office of the detaining authority. He should not have waited for the receipt of the records from the office of the detaining authorities for the period from 13-4-2006 to 2-5-2006. We will also deal with the effect of this aspect of the matter a little later. ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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