M K JAMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition brought under Article 226 of the Constitution of India read with Section 482 Criminal Procedure Code seeking quashment of the detention order dated May 22, 1988 passed under Section 3(1) of the COFEPOSA Act 1974 and the declaration dated July 6, 1988 passed under Section 9(1) of the said Act.

(2.) It is not necessary to refer to various grounds taken in the writ petition because this petition is liable to succeed on a very short ground. In Ground No. IV, a plea has been raised that thedetenu bad made a representation to the detain ing authority for supply of some documents particularly the copy of the bail application filed by the detenu in the Criminal Court and the order made by the Magistrate thereon granting the bail and the subsequent application filed for modifying the conditions imposed in that order and the copy of the Sh ow Cause Notice issued to the detenu in the adjudication proceedings and these documents were never supplied to the petitioner/detenu to enable him to make an effective and purposeful representation.

(3.) Shri Rajasekharan Nair, Additional Secretary to the Government of Kerala, Home Department in his affidavit in response to this particular ground has pleaded that the detenu was already in possession of the bail application and the order granting the bail and also the Show Cause Notice and thus it was not necessary to supply the copies of the documents again to the detenu and the plea has been taken by thedetenu only to confuse the authorities and the Court. So, it is an admitted fbct that documents dernanded by the detenu have not been supplied. In the grounds of detention there is a reference made that the petitioner has been released on bail. So, it is to be held that the grounds of detention do refer in a passing manner to the bail order.