BASANTI DEVI Vs. M L WADHAWAN

JUDGEMENT

(1.) Mr. Harjinder Singh today made a mention that he had been requested by the counsel for the petitioner to argue this petition. In fact, this petition was admitted on 21st July, 1986 when none appeared for the respondents in response to the summons issued. It however appears that one Shri A.K. Agnihotri, Under Secretary. Ministry of Finance has filed a counter on behalf of the respondent.

(2.) The detenu one Vikram Singh was detained in pursuance of the order of detention dated 19th March, 1986 passed by Shri M.L. Wadhawan, AddI. Secretary to the Government of India. The detention order was passed with a view to preventing the detenu from smuggling goods engaging in transporting and concealing smuggled goods. In the detention order he is mentioned as Vikram Singh while Mr. Harjinder Singh submits that his name in fact is Bikram Singh. In the grounds of detention also, he has been addressed as Bikram Singh alias Vikram Singh. In any case, it is not disputed that this matter relates to Bikram Singh.

(3.) The main contention of Mr. Harjinder Singh is that this detention is as a result of non-application of mind by the detaining authority. According to him, the grounds of detention are a verbatim copy of the remand application that was made to Shri Bharat Bhushan A.C.M.M. on 11th March, 1986. Mr. Harjinder Singh today has produced a copy of the remand application and has stated that he will file it in the registry during the course of the day. He has, however, submitted that the Court may meanwhile take notice of it and see for itself that the grounds of detention and the contents of the remand application are the same and all that the detaining authority has done is to reproduce the contents, of the remand application in framing the grounds of detention which accounts for the reason of detenu being addressed in the grounds of detention in third person.