E BAMA Vs. SECRETARY TO GOVT

JUDGEMENT

(1.) The daughter of the detenu is the petitioner herein who questions the validity of the order of detention dated 27/9/2001 passed by the second respondent in reference No. B.D.F.G.I.S.No. 128/2001.

(2.) The learned counsel for the petitioner read out para 5(u) of the grounds of detention order and submitted that even though it is stated that the representation was received the detaining Authority has rather refused to consider the same. This according to the learned counsel for the petitioner has caused serious prejudice to the detenu and that the order of detention is liable to be set-aside.

(3.) We perused the, said paragraph and we are inclined to agree with the learned counsel for the petitioner, What is stated therein is that the representation does not deserve any consideration. It only shows that the detaining Authority was not inclined to look into the representation and consider the same. There is nothing to show that the said representation was considered. Certainly the detenu is prejudiced and can complain of the violation of the rights available to her. In this view of the matter the Habeas Corpus Petition has to be allowed.