KASIM ALI Vs. M L WADHAWAN

JUDGEMENT

(1.) This criminal writ has been filed by petitioner Kasim Ali father-in-law of detenu Abdul Aziz @ Chotu s/o Rahmatulla r/o 42, Khoza Colony, Chirag Ali Lane, Hyderabad, presently detained in Central Prison, Chanchalgurah, Hyderabad (hereinafter to be referred to as the "detenu") and is directed against the order of detention dated 31-12-1985 passed by Shri M L. Wadbawan, Additional Secretary to the Government of India in regard to the detenu with a view to preventing him from acting in any manner prejudicial to the augmentation of foreign exchange under Section 3(1) of the Conservation of Foreign Exchange and prevention of Smuggling Activities (COFEPOSA) Act, 1974 (as amended). Shri M.L. Wadhawan is an officer of the Central Government and is specially empowered under Section 3(1) of COFEPOSA Act for this purpose. The Advisory Board constituted under the COFEPOSA Act gave its opinion on 19-3-1986 in favour of the detention to the detenu.

(2.) The contention raised by the learned counsel for the petitioner is that the detenu made a representation to the President of India on 21-4-1986 which was rejected by the Central Government on 11-6-1986 and this order of rejection was communicated to the Superintendent Central Prison, Hyderabad on 19-6-1986 who in turn communicated the same to the detenu on 20-6-1986, thus causing an unnecessary delay of 59 days which remained unexplained by the Central Government and on account of that unreasonable delay the detenu was entitled to the quashing of the aforesaid order of detention and he has relied upon Raghavendra Singh v. Superintendent District Jail, Kanpur and others, 1986(2) Crimes 465 wherein there was an enormous delay of 75 days in the disposal of a detsnu's representation by the Central Government for which reason alone his further detention was held as illegal and was directed to be set at liberty forthwith. That was a case under the provisions of the National Security Act, 1980 under the provisions of which the detention order had been passed and Section 14 whereof was in terms similar to Section 11 of the COFEPOSA Act, in respect of the nature of the power of revocation conferred on the Central Government. Section 11 of the COFEPOSA Act is reproduced below :

(3.) In the case in hand the relevant provision is furnished by Section 11(1)(b) and according to it the detention order, as in the case in hand passed by an officer of the Central Government, may be revoked or modified by the Central Government. It was under this provision of law that the representation dated 21-4-1986 referred to above bad been made by the detenu to the President of India which was rejected by the Central Government on 11-6-1986 and which order of rejection was communicated to the detenu in Central Prison, Hyderabad on 20-6-1986 after 59 days of the date of representation. This delay has remained unexplained by the respondent.