AISHA ABDULLA HUSSAIN 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 Abdulla Hussain @ Atta, 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, New Delhi.

(2.) The petitioner has challenged the detKention 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 order of John Paulose dated 13th June, 1983 and detention orders issued against Shri B.K. Mandlekar dated 29.9.87 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 submilled that these detention orders have no bearing upon the ca 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 has been taken into consideration by the detaining authority systematically draws the attention to the relevant portion of the pleadings of the parties submitted before this court. In order to test the submission of the teamed counsel for the petitioner it would be appropriate to set out relevant portion of the pleadings. Para 6 (h) of the writ petition is set out as under: