NITIN GUNWANTRAI SHAH Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) BY this Writ Petition, the petitioner has challenged the detention order dated 11tui November 1991 issued by the Joint Secretary to the Government of India, Ministry of Finance, New Delhi. This petition came up for hearing before us on 18th December 1991 and the arguments were over on 19th December 1991. Since the Courts were closing for Christmas vacation, we passed the operative part of the order on 19th December 1991 which is reproduced below: Heard Mr. Ram Jethmalani for Petitioner; Mrs. Desai for Respondents Nos. 1 and 2 and Mr. S. G. Page, P. P. for Respondent No. 3. For reasons to follow the impugned order of detention is quashed and set aside. The detenu be released forthwith, if not otherwise required. Following are the reasons

(2.) THE petitioner in this case was detained by an earlier order of detention dated 18th September 1991 under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Petitioner filed this petition against the said order of detention challenging the same. This Petition came to be admitted and Rule was issued on 14th October 1991 and made returnable on 13th November 1991. It was during the pendency of this Petition that the impugned detention order dated 18th September 1991 came to be revoked on 11th November 1991 and immediately on the same day a fresh order of detention dated 11th November 1991 was issued against the petitioner.

(3.) THE petitioner immediately sought leave to amend the Petition and leave was granted. By the said amendment, the fresh order of detention dated 11th November 1991 is challenged by the petitioner.