SULEMAN @ SULLA Vs. UNION OF INDIA

JUDGEMENT

(1.) LEARNED Counsel for the petitioner restricted her challenge to the detention order only to the ground pertaining to the alleged delay in disposal of the representation made against the detention order by the Central Government. Counsel submitted that the wife of the detenu had submitted a representation against the detention to the Central Government on 18.1.2003 which was not disposed of till date when the writ petition was filed i.e. 5.2.2003. Petitioner was detained pursuant to the order dated 16.11.2002 passed by the Commissioner of Police under the National Security Act, 1980, which order was approved by the Lt. Governor on 22.11.2002.

(2.) ON 18.1.2002, as noted above a representation was made to the Central Government which was forwarded to the President of India.

(3.) AS per the additional affidavit filed, the representation which was submitted to the President of India was received in his secretariat on 20th January, 2003 and was forwarded to the Ministry of Home Affairs and delivered on 24.1.2003 vide Peon Book No. 4 of Central Registry Section of the President's Secretariat. Strangely enough in the same very additional affidavit which has been affirmed by Mr. Umesh Kalra, Director, Ministry of Home Affairs it has been desposed that the representation was not received from the President's Secretariat. Averments in paras 5 & 6 of the additional affidavit may be noted. Same are as under: - -