ANKIT GULATI Vs. UOI & ANR

JUDGEMENT

(1.) The instant petition seeking issuance of writ of habeas corpus has been filed by Ankit Gulati who is a son of Shri Ram Mohan Gulati who has been detained pursuant to an order dated 7th April, 2008 under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA).

(2.) Detailed arguments were made by learned counsel for both the sides in the matter on several dates. Having given our considered thought to the matter, we were of the view that the challenge by the detenu to his preventive detention pursuant to the order dated 7th April, 2008 was well founded. In view of the inability to complete the reasons for our order on 26th September, 2012, we had passed the following order:-

(3.) The writ petitioner assails his father Ram Mohan Gulati's detention by the order dated 7th April, 2008 issued by Ms. Rasheda Hussain, Joint Secretary (COFEPOSA) of the Government of India, Ministry of Finance Department and Revenue, New Delhi under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The writ petition has been filed by Mr. Ankit Gulati who is the son of the detenu Ram Mohan Gulati. The challenge to the order of detention is laid on the ground that the same is illegal, arbitrary, unjustified, unwarranted as well as on account of failure of the respondents to comply with the essential requirements of the service of the complete documents which are relied upon by the respondents in support of the grounds of detention; unsubstantiated and unexplained delay between the alleged incident and the issuance of the detention order on 7th April, 2008; unexplained delay in taking the decision on the first representation dated 27th April, 2012 as well as the second representation dated 22nd June, 2012. The order of detention is assailed on the ground that the same suffers from the vice of non application of mind which is manifested from the fact that the respondents had undertaken certain foreign inquiries which were pending on the date when the detention order was issued. It is urged that the order therefore falls foul of Article 22(5) of the Constitution of India and is liable to be quashed.