SNEH JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed the present review petition seeking review of the judgment dated 11/10/1996, by which the; Division Bench had dismissed the Criminal Writ Petition No. 717/95.

(2.) Petitioner by the said writ petition, had challenged the order of detention dated 15/9/1995, passed by the Detaining Authority under the COFEPOSA. Review is sought on the ground that the finding, namely remarks/comments of the sponsoring authority on the detenu's representation can be called for by an officer other than the detaining authority is in conflict with an earlier judgment of another Division Bench in Crl.W.326/86 dated 27/3/1987 reported at U,P. Aboobacker Vs. UOI and others (1987) 3 Reports Del. 492.

(3.) In the judgment dated 11/10/1996, the plea of the petitioner that comments on the representation, could be called for only by the Detaining Authority was negatived, on the following rationale: