Mr. A. K. Sen, the learned companynsel for the petitioner, submitted that the representation requesting the Central Government to order the revocation under S. 11 of the Act was number forwarded by the detaining authority to the Central Government and as such the detention is illegal.
It is admitted that the representation was properly addressed to the Central Government.
After setting out the various grounds, the relief asked for in paragraph 5 runs as follows The petitioner prays that That the order of detention be revoked by the Central Government.
This further representation be placed before COFEPOSA Advisory Board alongwith the earlier representation.
It was submitted that number companysideration of the representation by the Central Government vitiated the detention order.
In paragraph XV the detenu companytended that the second representation was an application for revocation under S. 11 of the Act wherein he specifically requested that the Central Government should revoke the order.
The said representation was number companysidered by the Central Government.
R. Lalit, E. C. Agarwala and M. N. Shroff for the Respondent.
The Judgment of the Court was delivered by KAILASAM, J. 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 Activities Act, 1974.
In the memorandum of grounds in his writ petition at paragraph XIV the detenu submitted that he made representation to the Central Government and that the Central Government had number companysidered the representation at all.
The detenu again made a second representation on 5 10 1979 and requested that the order of detention may be revoked by the Central Government.
The companynsel for the detenu made an application on 17 9 1979 for supply of documents, and statements recorded and relied on in the grounds of detention.
Under Article 32 of the Constitution.
ORIGINAL JURISDICTION Writ Petition Crl.
The detenu was served with the grounds of detention on 5 9 1979.
Ram Jethamalani and Harjinder Singh for the Petitioner.
The documents were supplied on 25 9 1979, 27 9 1979 and 3 10 1979.
Before the documents were supplied, an incomplete representation was made by the detenu on 22 9 1979.
1414 of 1979.
That the Advisory Board be pleased to report to the Central Government to revoke the impugned order of detention.
The request of the detenu is clear He prayed for the revocation of the order of detention by the Central Government.
It is number the case of the detaining authority that he did number understand the representation as being intended for the Central Government.
