NAIMUDDIN Vs. UNION OF INDIA

JUDGEMENT

(1.) A detention order dated 28.10.2002, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Act 1974 was passed against the petitioner and pursuant thereto he was taken in custody and was lodged at the Central Jail, Tihar. On 13.11.1992, petitioner made a representation through the Jail Superintendent with a request that the same should be forwarded to the detaining authority which happened to be the Government of NCT of Delhi. The said representation contained a request that the same should be forwarded to the Central Government and accordingly on 18.11.2002 the Joint Secretary (Home), Government of NCT of Delhi forwarded the representation to the concerned ministry of the Union, which was received on 21.11.2002. The representation was rejected by the Central Government on 10.12.2002.

(2.) THE present petition was filed challenging the detention order and the sole ground urged is the delay in consideration of the representation made by the petitioner.

(3.) COUNSEL for the petitioner on the other hand contended that the counter affidavit shows that the concerned cell of the Ministry of Finance, Department of Revenue, Union of India was in contact with the sponsoring authority over FAX as per the counter affidavit filed and therefore there was no reason as to why at the first instance the comments should have been sought by a letter transmitted through post. Alternatively, counsel contended that the authorities should not have waited till 28.11.2002 when comments were not received and in any case not upto 9.12.2002 when contact was made over FAX. Counsel contended that local letters are transmitted the very next day and in this view of the matter the delay in between 21.11.2002 upto 9.12.2002 entitles the petitioner to the relief prayed for in the writ petition.