TMI Blog1998 (3) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... athura (hereinafter referred to `the obtaining authority') in exercise of his powers under Section 3(3) of the National Security Act, 1980 (`Act' for short), Suresh Chander Sharma, a resident of Alwar Kunj in the city of Vrindavan, has been detained since May 5, 1997 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. Against his detention h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Rules the said representation should have been made within three weeks from the date of his detention. Thereafter, the petitioner, who happens to be wife of the detenu, filed this petition seeking a writ of Habeas Corpus. The only point that has been urged in support of this petition is that the detenu has a right to make a representation to the Central Government, independent of the repres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation was already considered and rejected by the Central Government on 6.8.1997. The communication about which was already made to the said detenue through the Radiogram dated 6.8.1997 from the Ministry of Home Affairs, New Delhi served upon the detenue through the Superintendent, District Jail, Mathura. Under the circumstances it was not considered proper to forward the subsequent belated repres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etention, for such right and obligation subsist so long as the detention continues; and lastly, because when the representation was made to the Central Government it was for it - and not for the detaining authority - to decide whether the representation should be rejected on the ground that his earlier representation had already been considered and rejected. To put it differently, when the represe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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