ARJUNDEV KHEMCHAND DUREJA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER is the father of the detenu. Detenu is detained under COFEPOSA. Order of detention is dated 23-1-2002. It was served on the detenu on 22-2-2002. In the petition number of grounds have been taken for challenging the detention. However, we are considering only one submission of Mr. Maqsood Khan appearing for the detenu to allow this petition and hence we are not considering the other submissions made by him.

(2.) FIRST contention that was raised by Mr. Maqsood Khan is as per amended ground (xiii) i. e. the representation of the detenu dated 6-4-2002 was not forwarded by the State Government to the Central Government and this has resulted in denying the detenu his rights under Article 22 (5) of Constitution of India. Mr. Maqsood Khan relied upon following judgments of the Supreme Court:---

(3.) IN Amir Khans case the detenu was detained under COFEPOSA Act. He was informed that he can send representation to various authorities through jail. The detenu made a representation to the Detaining Authority and made a prayer to make copies of his representation and sent it to the State Government and Central Government. The representation was not considered by the State Government and rejected and, about not sending the representation to the Central Government as requested by the detenu, the Supreme Court held that on account of the approach of the Detaining Authority and the State Government to detenu is robbed of his right to have his representation considered by the Central Government and, therefore, the detention order was quashed.