ABDUL GAFAR RASOOLBHAI MEMON Vs. D K JAIN

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constitution of India the petitioner who is the brother of the detenue seeks to challenge the detention order dated 26th August, 1996 passed by respondent No. 1, in exercise of the powers vested in him by sub-section (1) of section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (52 of 1974), read with Government Order, Home Department (Special) No. SPL. 3 (A) /psa 1092/4 dated 4th August 1992 detaining the detenue under the said Act.

(2.) IT may be stated that the original petitioner was one Rasoolbhai Amibhai Memon, the father of the detenu, but as during the pendency of this petition he expired, by way of amendment Abdul Gafar Rasoolbhai Memon has been impleaded as petitioner, in this petition.

(3.) IN our view, since this petition can be disposed off on a purely legal ground no reference to the prejudicial activities of the detenu contained in the grounds of detention bearing the same date as the detention order, which were served contemporaneously along with the detention order, on the detenu on 1-12-1996, is called for.