KONG BUN THOEURN Vs. UNION OF INDIA

JUDGEMENT

(1.) The only point which is urged in this petition filed by Kong Bun Thoeurn, a Cambodian national, is that the representation made by him against the order of detention, has not been considered by the detaining authority who is authorised to consider and rule upon it. According to Ms. Sangita Bhayana, by virtue of Office Order No.A-22012/2/93-Admn.I dated 20.1.1993, the Minister of State (Revenue & Expenditure) will put up, inter alia, (a) representation for revocation and (b) confirmation of detention period made by the COFEPOSA detenu, to the Minister of Finance.

(2.) The petitioner before us is COFEPOSA detenu. He had made representation against declaration. That representation by virtue of the Office Order dated 20.1.1993 had to be considered by the Minister of Finance.

(3.) It is the case of Ms. Sangita Bhayana that the representation instead of being considered by the Minister of Finance, was in fact dealt with by the Revenue Secretary.