SUNILDUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition for issuance of a writ of habeas corpus, the petitioner has challenged his father's continued illegal detention under S. 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short 'the COFEPOSA Act') and has sought his release.

(2.) A few facts giving rise to the petition may be stated. Bakshi Balraj Dutt, the detenu, was arrested and detained on July 11, 1980 pursuant to a detention order passed by the Administrator, Delhi Administration on July 9, 1980 under S. 3 (1) of the COFEPOSA Act. On the very date on which he was detained i.e. on July 11, 1980, grounds of detention running into 8 closely typed pages were supplied to him. However, copies of the documents and the statements relied upon by the detaining authority, on the basis of which the grounds of detention were made out, were served upon the detenu as late as on July 19, 1980. The detenu made an incomplete representation on July 26, 1980-incomplete because copies of documents referred to in the grounds were served on him on August 4, 1980. The detention was confirmed by the Central Government on Aug. 23, 1980 after obtaining the Advisory Board's opinion. It appears that on September 12, 1980 the detenu filed a writ petition by way of habeas corpus seeking release but the same was dismissed by this Court in limine on Sept. 24, 1980, Thereafter another representation, was made by the detenu through his wife to the detaining authority (the Administrator) in Jan. 1981 and that representation was disposed of by rejection on April 25, 1981. The present petition seeking release of the detenu has been filed by the petitioner on April 3, 1981.

(3.) It is well settled that the dismissal of the earlier writ petition of habeas corpus on Sept. 24, 1980 will not operate as a bar to the maintainability of the present writ petition and no point in that behalf was raised before me by counsel for the respondents.