NISAR AHMED Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal Writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure challenges the validity of the order of detention F.No. 5/36/89- Home (Police II) dated 20.9.89 passed under Section 3(1) of the COFEPOSA by the Secretary (Home), Delhi Administration and for release of the petitioner de,tenu forthwith.

(2.) The detailed circumstances in which the petitioner was arrested need not be mentioned for the disposal of this petition.

(3.) One of the grounds challenging the order of detention is that the daughter of the petitioner, namely, Rehana made a representation dated 25.9.90 to the President of India in which she requested that the detenu may be supplied certain documents which were referred to and relied upon by the detaining authority in the grounds of detention while passing the detention order. These documents arc the flight manifesto dated 12.4.89. a complete copy of detenu's air ticket and order of the learned ACMM remanding the detenu in custody till 15.4.89. She also stated in the representation that the detenu had been supplied documents pertaining to his detention in English/ Urdu which he does not understand. The aforesaid representation was rejected by the Central Govt. vide order dated 5.11.90.