INDERJEET Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) By this writ petition under Art. 226 of theConstitution of India read with Sec. 482 of the Code of Criminal Procedure,the petitioner prays for quashing of order of his detention dated Sep. 18,1992 passed by the Commissioner of Police under Sub-section 2 of Section 3of the National Security Act, 1980.

(2.) According to the grounds of detention, the petitioner was indulg-ing in acts of violence, murder, attempt to murder, robbery, rioting and alsooffences punishable under the Arms Act.

(3.) Learned Counsel for the petitioner submits that the petitioner wasundoubtedly served with documents accompanying the grounds of detention,but some of these documents were illegible. On N 18/11/1992 thepetitioner sent a representation to the Central Government in which hemainly requested for furnishing of legible copies of the documents to him.The petitioner was supplied with legible copies on 9/12/1992.However, the representation of the petitioner was turned down, by theCentral Government on 23/12/1992. After receipt of the legiblecopies, the petitioner filed fresh representation on 30/12/1992. Thisreprsentation has been admitted to have been received by the StateGovernment. But it is not known as to whether the representation wasforwarded to the Central Government or not. The fact, however, remainsthat this representation has not been disposed of by the Central Government.In view of the admitted position that the second representation, which wasmoved by the petitioner after receipt of legible copies, has not been decidedby the Central Government, this writ petition succeeds. The rule is madeabsolute and the detention order is quashed. The petitioner is directed to bereleased forthwith, if not required in connection with some other case.Petition allowed.