KRISHNA DAS SAROH Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) The petitioner is the wife of the Detenu Sri.Rajnish Kumar Saroh. That the petitioner is interested in the life, welfare and personal liberty of the Detenu. That the Additional Chief Secretary, Government of Karnataka, Home Department, Bengaluru, passed an order of detention bearing No.HD 3 SCF 2019, dated 21.02.2019, under Section 3(1)(ii) of the Conservation of Foreigh Exchange and Prevention of Smuggling Activities Act, 1974. The grounds and the order of detention was served on the Detenu on 05.03.2019. He was also furnished with the relevant documents. It was also communicated to him that he is entitled to make a representation to the detaining authority against the detention order through the Senior Superintendent of Police, Central Prison, Bengaluru. He accordingly submitted his representation on 28.03.2019. The representation was rejected by the order dated 04.04.2019 vide Annexure-E to the writ petition. At that stage, the instant writ petition was filed seeking to quash the order of detention.

(2.) Notices were ordered to the State. In the interregnum, the Advisory Board submitted its report dated 06.05.2019. Thereafter, the State vide order dated 08.05.2019 passed the order confirming the order of detention.

(3.) (A) Sri.Kiran S.Javali, learned Counsel appearing for the petitioner, contends that the grounds of detention as well as the order of detention are illegal. That no grounds are made out to sustain the order of detention. He primarily pleads on the question of the representation being not considered by the appropriate authority. He submits that in terms of the grounds of detention furnished to him, he was entitled to make a representation to the detaining authority against the detention order. The detention authority was the Additional Chief Secretary, Government of Karnataka, Home Department, Bengaluru. The representation was made by the Detenu, to the said officer, namely, the Additional Chief Secretary to the Government of Karnataka. However, the representation has been rejected by the Under Secretary to Government, Home Department (Police Services-B), in terms of the order dated 04.04.2019 vide Annexure-E. Therefore, he pleads that the detaining authority has not considered the representation furnished to him. There has been non application of mind and the rejection is not by the designated authority.