SAILESHKUMAR BHANWARLAL JAIN Vs. L HMINGLIANA SECRETARY PREVENTIVE DETENTION GOVERNMENT OF MAHARASHTRA HOME DEPARTMENT

JUDGEMENT

(1.) THE petitioner Saileshkumar Jain challenges the order of detention of his brother Mukesh Bhanwarlal Jain passed by the 1st respondent on 1st April 1991 under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. Admittedly, the order of detention was executed on 30th August 1991 and the detenu is in custody since then.

(2.) EVEN though other grounds have been raised in the petition, one additional ground by way of amendment with the leave of the Court was urged by the petitioner. The said added ground is to the effect that the detenus representation dated 26th September 1991 addressed to the Advisory Board and the Minister for State for Home Affairs was despatched on behalf of the detenu and at the foot of the said representation a request was made to the authorities concerned to forward a copy of the same for consideration to the Central Government. In spite of this request, the State Government failed to forward a copy thereof for consideration to the Central Government. Shri Satpute, learned Counsel appearing for the Union of India, has not filed any affidavit-in-reply but, on instructions, has stated that the Union of India has not received any copy of the representation of the detenu and hence the same has not been considered.

(3.) SHRI Merchant, learned Counsel appearing for the petitioner, urges that by failing to forward a copy of the representation to the Central Government as desired by the detenu, the State Government has breached the detenus right under Article 22 (5) of the Constitution of India and has failed thereby to afford an effective opportunity to the detenu for making a representation even to the Central Government.