IRIS FERNANDES Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a writ petition under Article 32 of the Constitution, on behalf of one Jovito Anthony Fernandes, who has been detained in the central Prison, Nagpur, in pursuance of an order of his detention passed under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the COFEPOSA).

(2.) The detenu is the husband of the writ petitioner The detention is challenged on several grounds. One of them was that prior to 24/01/1980, the detenu had made two representations to the government of Maharashtra, but they were not considered. The factum of making these representations was denied in the counter-affidavit filed on behalf of the respondent-State.

(3.) The only contention based on undisputed facts, advanced by Mr. Jethmalani on behalf of the detenu, is that he had on 24/01/1980 made a representation to the central government (Ex. L) requesting it to revoke his detention; and that this representation remained unattended and has not been considered by the central government and, therefore, the detention is vitiated.