NASEEMA BASHIR MANDLEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by the wife of the detenu Shri Bashir Karim Mandlekar, for quashing and setting aside the order of detention dated 19.8.1991 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, by Shri Mahendra Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, Delhi.

(2.) The petitioner has challenged the detention order on the ground that irrelevant material has been taken into consideration by the detaining authority. The petitioner has mentioned that the detaining authority has placed reliance on the detention orders issued against Shri John Paulose under the COFEPOSA Act, 1974. Besides that the detaining authority also placed reliance upon a detention order and grounds of detention of one Shri Sikhander Abdul Rehman Hamdulay dated 24.11.83. The petitioner submitted that these detention orders have no bearing upon the case of the detenu placed by the sponsoring authority before the detaining authority. Consideration of such extraneous material amounts to non-application of mind, thereby vitiating the subjective satisfaction of the detaining authority and rendering the detention/continued detention of the detenu illegal and bad in law.

(3.) Learned counsel for the petitioner Shri Karmali in order to make good his submission that irrelevant material lias been taken into consideration by the detaining authority, systematically draws the attention to the relevant portions of the pleadings of the parties submitted before this Court. In order to test the submission of the learned counsel for the petitioner it would be appropriate to set out relevant portion of the pleadings. Para 6(i) of the writ petition is set out as under:-