SURESH THAKURDAS DHAMEJANI Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the father of the detenu Sri Jaiprakash Suresh Dhamejani, who is interested in the life and well being of the detenu. The detenu was issued with an order of preventive detention dated 13-9-2019 by the Detaining Authority under the powers conferred by Section 3(1)(i) and 3(1)(ii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974,(for short ' COFEPOSA Act), vide Annexure-A. The grounds of detention were also furnished to the detenu. In para No.76, the detenu was informed that he has a right to make a representation against his detention to the Detaining Authority, the Karnataka Government, the Central Government and also to the Advisory Board. Para- 77 narrates the manner in which a representation could be made to the Central Government. Para-78 narrates the manner in which the representation is to be made to the Detaining Authority and para-79 the manner in which a representation is to be made to the Advisory Board.

(2.) It is the primary contention of the petitioner s counsel that he has not been furnished with the information of the manner in which the representation has to be made to the Government of Karnataka. Therefore, his right to make a representation to the Government of Karnataka has been infringed. The same affects his fundamental right. Therefore, the order of detention cannot be sustained.

(3.) The respondent - State have filed their statement of objections. It is contended therein that so far as the ground pertaining to not providing the manner in which the representation is to be made to the Government of Karnataka is concerned, such a contention cannot be accepted. It is their case that the petitioner has failed to understand the basic fact that the said order of detention was issued by the Government of Karnataka represented by the Additional Chief Secretary to Government, Home Department, as the Detaining Authority. That the header of the Detention Order itself says ' Government of Karnataka' , undersigned as the Additional Chief Secretary, Government of Karnataka, Home Department. Therefore, nothing stops the detenu from making a representation to the Government of Karnataka. Therefore, the detention order is in accordance with law.