KAMLESHKUMAR ISHWARDAS PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) The detenu Ishwardas Bachardas Patel is the father of the petitioner. An a order of detention dated 21.1.1994 was made by Shri Mahendra Prasad, Joint Secretary to the government of India, Ministry of Finance, Department of Revenue, New Delhi under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (for short "the COFEPOSA Act"), which was served on the detenu on 5.2.1994 in the Bombay Central Prison where he was confined in judicial custody in connection with a criminal trial. A representation dated 21.2.1994 against the detention was made, addressed to the detaining authority and the Advisory Board constituted under the COFEPOSA Act. The representation was forwarded by the said Joint Secretary, the detaining authority to the Union Finance Minister and it was rejected by the central government on 18.3.1994.

(2.) A writ petition was tiled in the Bombay High court challenging the detention. Reliance was placed on behalf of the detenu on the decision in Santosh Anand V/s. Union Of India, 1981 2 SCC 420 to contend that the representation was not considered by the detaining authority to whom it was addressed which amounted to violation of the detenu's right under Art. 22(5) of the Constitution of India. A full bench of the High court rejected this contention and took the view that the benefit of the decision of this court in Santosh Anand was not available to the detenu in view of certain other decisions of this Court. Hence these petitions for grant of special leave to appeal against the decision of the Bombay High court.

(3.) Leave granted.