SUBHASH CHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioners in the subject two writ petitions, (Crl. Writ No. 678/88 and 679/88), named Subbash Chander and Parvesh Kumar respectively seek issuance of a writ of Certiorari or Mandamus or any other appropriate writ, order or direction as contemplated by Articles 226 and 227 of the Constitution of India. for quashing the order of detention stated to have been passed separately in respect to each of the petitioners on 9th June 1988 by respondent No. 2 namely, Shri K.L. Verma, Joint Secretary, Ministry of Finance, Department of Revenue, New Delhi.

(2.) THE two writ petitions are being disposed of by a common judgment for the reason that identical points have been urged on behalf of the petitioners, by S. Maninder Singh, Advocate through whom the writ petitions were filed, and the respondents are also represented by common counsel namely, Shri Rajinder Dutt. Some of the material dates are however different.

(3.) IN so far as the order of detention is concerned. the plea as obtained in the writ petition is that the petitioners learned around October/November 1988 that an order of detention had been passed under the 'provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (for 'short the Act') A representation is stated to have been made to the detaining authority on apprehension against detention pursuant to detention order having been passed but the same was rejected. A definite assertion is made that the detention order is stated to have been passed in the case of Suhhash Chander on 9th June 1988 and that of Parvesh Kumar on 1st June 1988, with a view to preventing activities Prejudicial to the conservation of foreign exchange, in exercise of the powers under section 3 of the Act.