P SEKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the habeas corpus petitions are filed by the respective detenus themselves, who have been presently detained in the Central Jail, Madurai pursuant to the detention orders dated 12.11.2006 passed by the District Collector cum District Magistrate, Madurai, under Section 3(2)(a) read with Section 3(1) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 (Act No.7/1980), hereinafter referred to as "the Act". The detenus were branded as "Black Marketeers". The only ground on which the orders of detention are challenged is that the detenus were not informed of their right to make a representation to the Central Government. According to the learned counsel appearing for the petitioners, the detaining authority has only stated in the grounds of detention that

(2.) DEFINITIONS.-- ....

(3.) THE Act was enacted by the Parliament and is a Central legislation. THE power to make orders of detention is vested not only in the Central Government, the State Government but also the officers of the Central Government or the State Government, as the case may be. THE appropriate Government, as defined under Section 2(a) means, whenever the detention order is made by the Central Government or by an officer of the Central Government, the appropriate Government would be the Central Government. Likewise, when the order of detention is made by the State Government or by an officer of the State Government, the appropriate Government is the State Government. As the legislation being a central enactment, the provisions of the Act must be considered with reference to the above 'appropriate Government' which passes the order.