MOHAMED FAROOQ Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by one Shri Mohd. Farooq, son of the detenu-Smt. Jaithoon Beevi, challenging the validity of the detention order made by Shri K.K. Dwivedi, Joint Secretary to the Government of India, under Section 3(1) of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for short known as the Act) with a view to preventing her from acting in any manner prejudicial to the augmentation of foreign exchange. The detention order is challenged on a variety of grounds. However, before we notice the facts and the sequence of events on which the detaining authority has formed the subjective satilfaction, it is necessary to bear in mind some essential and relevant facts and dates.

(2.) The detenu is admittedly a sixty-eight years old lady. She is ailing and is illiterate. She has three sons, Abdul Ghafoor, Kamal Bachta and Farooq, the petitioner. Kamal Bachta and Abdul Ghafoor live in Dubai. The name of the wife of Kamal Bachta is Jalma Beevi while the name of Abdul Ghafoor's wife is Mehrunnissa. One Jaberullah is his brother-in-law.

(3.) The order of detention is dated 20th September 1985. The detenu was arrested pursuent to this detention order on 13-10-85. On 14-10-85 grounds of detention were communicated to her. She filed a representation first on 7-11-85 which was rejected by an order dated 28-11-85 and received by her on 2-12-85. The second representation was made on 24-1-86 in which she also requested for supply of certain documents which had not been supplied to her and these documents were sought to enable her to make a proper and effective representation. This representation came to be rejected on 17-2-86 but copies of some documents asked for were supplied. The order of rejection of the last representation was communicated to her on 24-2-1986.