VISHWANATH VOHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This judgment will dispose of Criminal writs Nos. 47, 84, 103, 104 and III of 1985 as in all these petitions detentions have beer challenged on a common ground relating to the interpretation oF Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (here-in-after called "the Act"). In Fact, arguments were addressed only in Criminal Writ No. 84 of 1985 and the legal submission. made were adopted in all other petitions. In the circumstances, it will be sufficient to narrate briefly the facts in criminal writ No. 84 of 1985.

(2.) The petitioner, Vishwa Nath Vohra, was detained by virtue of an order passed on 16th November, 1984 by the administration of Union Territory of Delhi under Section 3(1) read with Section 2(f) of the Act with a view to preventing him from acting in any manner prejudicial to the conservation and augmentation of foreign exchange and also preventing him from abetting the smuggling of foreign currency out of India. The formal order authenticated in the name of the Administrator was served on the detenu on the same day and the grounds of detention were also supplied to him on the same day. As a consequence of the said order the detenu was arrested and is at present lodged in Central Jail, Tihar. The detenu made various representations to the administration for the supply of documents and revoking the other of detention. Though certain documents were supplied but as regards the revocation, the representation was rejected. The petitioner challenged the detention by way of writ petition No. 35 of 1985 filed in this Court on 18th February 1985. Rul e nisi was issued by this Court and the petition was pending During the pendency of e petition. the detention order made on 16th November 1984 was revoked by the Detaining Authority on the ground that a report had not been made to the Central Government within the stipulated time as held by this Court in another writ petition. The revocation was stated to be under Section 11(1) of the Act. However, on the same date i.e. on the 14th of March, 1985 a fresh detention order under Section 3(1) of the Act was passed by the Detaining Authority. The order along with the grounds of detention was served on the petitioner along with the list of documents in the jail itself. A declaration under Section 9 of the Act was made by the Additional Secretary to the Government of India on 29th March, 1985.

(3.) In view of the subsequent developments, the petitioner withdrew his earlier petition and filed the present petition on 20th April, 1985. The detention has been challenged in the petition on diverse grounds. The petitioner has also challenged the vires of Section 11(2) of the Act. However during the course of arguments the question of vires was given up and the arguments were confined to a single point. It was contended that no further order of detention could be made on the same grounds under Section 11(2) of the Act unless the earlier detention order has been revoked under Section 11(1) of the Act by an authority superior to the Detaining Authority. In order to appreciate this contention, it is necessary to reproduce an analyses Section 11 of the Act. Section 11 of the Act reads, as under :-