KAMLA RAJKUMAR RAJANI Vs. UNION OF INDIA

JUDGEMENT

(1.) At the stage of admission, Shri Naresh Mathur, learned counsel for the petitioner confined his submission to only one point, namely, there was failure on the part of the central government to consider the representation made by the detenu against the order of detention passed by the State government of Uttar Pradesh under S. 3 (1 of Conservation of Foreign Exchange and Prevention of Smuggling Activities act, 1974 and hence his continued detention was invalid. In response to the notice, a counter-affidavit has been filed by R. S. Asthana, Joint secretary to the State government of Uttar Pradesh, Home Department stating that the representation dated 6/05/1987 addressed by the detenu to the central government through the Superintendent, Central jail, Naini was received by the central government on 19/05/1987, and that another copy of the same representation dated 14/05/1987 through the Superintendent, central Jail, Naini was received by the State government on 15/05/1987, and that the State government consider- ed and rejected the same on 21/05/1987. It is further averred that the representation dated 6/05/1987 addressed to the central government was considered and rejected on 21/05/1987 and that there was communication of the rejection of both the representations to the detenu. In view of this averment, learned counsel for the petitioner abandoned the ground earlier raised and sought to assail the detention order on various other grounds. We have heard him at length and despite his persuasiveness and lucidity of arguments, find no substance in any of the grounds and therefore we did not call upon the respondents to reply.

(2.) The writ petition is accordingly dismissed.