JAKU MOHMAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The detenu made a representation on 10-9-86 to the State Government, i.e. respondent No. 1 in which he has specifically stated that if the Government of Gujarat is not inclined to favourably consider the representation of the detenu, then the same may be transmitted to the Central Government. The State Government rejected the said representation on 17-9-86. Alongwith the said representation, he had asked for the Gujarati translation of certain documents as he wanted to make an effective representation against the order under Section 9(1). This letter was written to the Central Government directly. It appears that the State Government, after 17-9-1986 on which date it rejected the representation, transmitted the Same to the Customs Department. The detenu however states that so far he has not received any reply from the Central Government either accepting or rejecting the said representation.

(2.) On 30th September, 1936, the Central Government rejected the request of the detenu for supplying the translations. However, there is no reference whatsoever to the representation which the detenu had made to the State Government for quashing his detention under Section 3. If the detenu's representation was not even received by the Central Government, though it should have been ordinarily forwarded to it, and if the Central Government has not been given an opportunity to consider the same, the detention order would naturally fall through. If the detention order under Section 3 of the Act falls through, it obviously would tantamount to quashing the order under Section 9(1) which would not, therefore, survive. In that view of the matter the petition is allowed, and the order of detention is quashed.