MADHUBALA GUPTA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India by the wife for the production of her husband Purshottam Das Gupta in the Court and for the quashing of the order of detention dated 1st August, 1981.

(2.) By an order dated 1st August, 1981 under sub-station (2) of section 3 of the National Security Act, 1980 the Commissioner of Police Shri P.S. Bhindar detained Purshottam Das Gupta with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. The grounds of detention alongwith some documents were served on the detenu on 5th August, 1981. The detenu by a Writing (AnnexureR. 4) acknowledge the receipt of the grounds of detention and other documents. The detenu was orally informed that he had a right to make representation against the detention to the Lieutenant Governor and the Advisory Board. The said oral information was acknowledged by the detenu in the writing annexure R-4.

(3.) On 11th August 1981 the wife of the detenu made a representation to the Lt. Governor against the detention. The representation made by the wife was rejected by the Lt. Governor on 26th August, 1981. (Note: It may be mentioned that in the reply filed by the detaining authority to the petition the date of rejection of the representation stated is 28th August, 1981. Mr. Mathur, advocate for the respondents, contended that the representation was, in fact, rejected on 26th August 1981). On 13th August, 1981 a reference was made to the Advisory Board regarding the detention of. Purshottam Das Gupta. The Advisory Board met and heard the detenu on 21st August 1981. On 26th August 1981 the Advisory Board sent a report to the Government approving of the order of the detention. The appropriate Government on 29th August, confirmed the order of detention.