JASBIR SINGH Vs. VERSUS UNION OF INDIA

JUDGEMENT

(1.) By this petition Jasbir singh is seeking setting aside of the detention order passed on 12th January, 1988 under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the Act'). The order .was passed by Shri K L Verma, Joint Secretary to the Government of India, especially empowered under Section 3(1) of the Act against the petitioner herein with a view to preventing him from abetting the smuggling of goods. The grounds of detention also dated 12th January, 1988 were served on the petitioner when he was in detention in Central 7ail, Tihar.

(2.) It is not necessary to notice in detail the grounds on which detention order was passed as the point urged before us relates to the non-supply pf documents to the detenu whereby his fundamental right under Article 22(5) of the Constitution of India to make effective representation was contravened.

(3.) In his representation dated 29th January, 1988 to the detaining authority made through the Superintendent. Central Jail Tihar, the petitioner sought copies of 18 documents to enable him to makes full representation against the impugned order. Alternatively he prayed that the detention order be revoked. It was stated that "you are requested to supply me the aforesaid information and documents immediately so that I can make a purposeful representation.