RAMESH CHANDER KAKKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been brought under Article 226 of ihe Constitution of India read with Section 482 of the Code of Criminal Procedure seeking a writ of mandamus or any other appropriate writ for quashment of the detention order dated April 21, 1989 passed by respondents under Section 3(1) read with Section 2(f) of the COFEPOSA Act.

(2.) The detention order has yet not been executed. In the counter-affidavit filed by Shri A.S.Dagar, Deputy Secrelary Home), Delhi Administration, preliminary objections have been raised to the maintainability of the writ petition but surprisingly enough although rule has been issued in this writ petition, yet the counter does not contain the averments opposing the grounds taken in the writ petition challenging the detention order. It has been mentioned in the counter that if the Court so directs the counter can be filed with regard to the merits of the writ petition as well. I do not think that any direction of the Court is required for filing the counter to the writ on merits. It was incumbent upon the respondents to have filed the complete counter to the writ petition taking whatever pleas, may be on preliminary points or on merits.

(3.) It has been pleaded in the counter that petitioner has not come to this Court with cipan hands inasmuch as the petitioner had filed a copy of detention order while in fact no such detention order has been made.