NUTAN J PATEL MS Vs. S V PRASAD

JUDGEMENT

(1.) Leave granted.

(2.) The detenu, Jayantibhai Rambhai Patel, was detained on 1/4/1992 under COFEPOSA Act. The appellant on behalf of her husband, filed a writ petition in A. P. High court. The High court in the first instance dismissed the writ petition. Subsequently two other detenus filed a writ petition on theground that copies of the documents supplied to the detenus were illegible and that they have been deprived of their valuable right to make a representation to the Advisory Board, to the State government and the central government. That contention was found acceptable and, therefore, the detention order was quashed. Thereafter, the appellant filed another writ petition and contended that the detenu had not been informed of his right to make a representation to the Specified Officer. Therefore, he has been denied of the constitutional right under Article 22 (5 of the Constitution. A division bench of the High court under the impugned order dated 10/3/19933 made in Writ Petition No. 15974 of 1992 dismissed the writ petition on the ground that the detenu had known that he had a right to make a representation but he did not exercise that right and that, therefore, the order of detention is not vitiated on the ground of non-intimation of the right to make representation to the Specified Officer. Thus, this appeal by special leave.

(3.) The controversy is no longer res Integra. The Constitution bench of this court in Kamleshkamar Ishwardas Patel v. Union of India laid down the law thus: