(1.) -
(2.) THE petitioner is the uncle of the detenu by name Keshar Singh S. Rajput. By this petition the order of detention dated September 6, 1994 in respect of the said Keshar Singh S. Rajput passed by the Joint Secretary to the Government of India is challenged.
(3.) MR. Karmali, the learned Counsel appearing on behalf of the petitioner, firstly contended, without admitting, that if at all any order was warranted at best the order could have been issued with a view to preventing the detenu from acting in any manner prejudicial to the augmentation of the foreign exchange and not with a view to preventing the detenu from acting in any manner or indulging in any activities prejudicial to the conservation of foreign exchange. It is asserted that no material is placed before the detaining authority wherefrom the detaining authority could have arrived at the conclusion that the detenu had indulged in any activities prejudicial to the "conservation" of foreign exchange. As such no such order, in law, could be issued. It is asserted that the impugned order of detention is per se malafide and ab initio null and void. In the affidavit-in-reply filed on behalf of the detaining authority it is mentioned as under : " It is submitted that the activities of the detenu are prejudicial to the conservation of foreign exchange as the foreign exchange which were physically available in India, were illegally purchased and sold by the detenu to the persons contrary to law. In other words, the said foreign exchange which were expected to have gone to the bank accounts in India and the said foreign currencies would have thereafter conserved in India. It is also submitted that the term "consideration" and "augmentation" cannot be said to be so mutually exclusive so as to cull out the non-application of mind as has been sought to be contended. It is submitted that on several occasions, the Acts of a person go overlapped and covered by the activities as has happened in the instant case."