SOHINIDEVI MOHANLAL JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) AN inordinate and unexplained delay in considering the representation of the detenu by the Central Government, in our view, has rendered the continued detention of the detenu null and void.

(2.) PETITIONER is the wife of the detenu Shri Mohanlal Manrupchand Jain. By the present habeas corpus petition, petitioner seeks to impugn an order of detention dated 8th September, 1994 passed by Shri K. L. Verma, Joint Secretary to the Government of India, being an officer especially empowered under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The order of detention was served on the detenu on the 12th September, 1994 and the detenu was incarcerated.

(3.) THE material dates, which are relevant for deciding the controversy raised before us, are as under:---On 25th of October, 1994 a representation alongwith a forwarding letter dated 24th of October, 1994, was handed over by Smt. A. M. Z. Ansari, Advocate, to the Superintendent of Prison requesting the later to obtain the signatures of the detenu on the representation and send the same to the concerned authorities. Six copies of the representation were handed over. The representation is addressed to Shri K. D. Verma, Joint Secretary, Government of India, Ministry of Finance, being the Detaining Authority and the Chairman and Members of the Central COFEPOSA Advisory Board. After obtaining the signatures on the representation three copies of the representation were forwarded, one to the Detaining Authority, second to the Central Government and the third to the Chairman, Central Advisory Board. This was on the 26th October, 1994. The representation was received by the COFEPOSA Cell of the Government of India on the 4th of November, 1994. The said representation was considered and rejected by the Detaining Authority on the 24th of November, 1994. The rejection letter dated the 25th of November, 1994 was sent to the Jail Authorities, which was received in Jail on the 15th of December, 1994 and the same was served on the detenu on the 16th of December, 1994.