JYOTI RAJEEV AGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this writ petition preferred under Article 226 of the Constitution of India, the petitioner who describes herself as the wife of the detenu Rajeev Agarwal s/o. Sanwarmal Agarwal has challenged the order dated 16.8.2001 passed by the 2nd Respondent Mr. Som Nath Pal, Jt. Secretary to the Government of India, Ministry of Finance, Department of Revenue, 'B' Wing, 6th floor, Janpath Bhavan, Janpath, New Delhi 110001, detaining the detenu under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended), hereinafter referred to as C.O.F.E.P.O.S.A. Act'.

(2.) THE prejudicial activities of the detenu prompting the 2nd respondent to pass the impugned order are contained in the grounds of detention (Annexure 'B').

(3.) MR . Maqsood Khan, learned Counsel for the petitioner, emphatically urged that since the expression grounds of detention used in Article 22(5) of the Constitution of India does not merely mean factual inferences but also includes the factual material which led to such factual inferences and on 10.9.01 the detenu was only served with copy of the detention order and the grounds of detention and not the material or documents on which the grounds of detention were founded, there was non -communication of grounds of detention to him in terms of first facet of Article 22(5) of the Constitution of India and his fundamental right guaranteed by the first facet of this Article was violated. Mr. Maqsood Khan also urged that since the documents were only supplied to the detenu two days later, i.e., on 12.9.2001 the detenu's fundamental right guaranteed by the second facet of the said Article, of making a representation against the detention order at the earliest opportunity was also infracted.