CHANDRAKANT VITHAL DALVI Vs. R D TYAGI

JUDGEMENT

(1.) BY means of this petition preferred under Article 226 of the Constitution of India, the petitioner hereinafter referred to as the detenue, has impugned the detention order dated 28th November, 1995 passed by the respondent No. 1, the Commissioner of Police for Greater Bombay, detaining him under the National Security Act. The said order along with the grounds of detention was served on the detenue on 29th November, 1995.

(2.) THE prejudicial activities of the detenue necessitating the passing of the detention order are detailed in the grounds of the detention. Since the question raised in the petition by Mr. U. N. Tripathi, learned Counsel for the petitioner, is purely a legal one, we are not adverting to them.

(3.) MR. U. N. Tripathi, vehemently urged that on 5th December 1995, the detenue made a representation to the respondent No. 1 and the same till date has not been considered by the said respondent. In his contention, this has rendered the detention of the detenue unsustainable in law as his fundamental right conferred by Article 22 (5) of the Constitution of India has been violated.