PRATAP BHASKAR CHANDAN Vs. R D TYAGI

JUDGEMENT

(1.) BY this petition, filed under Article 226 of the Constitution of India, the petitioner has challenged his detention under the provisions of National Security Act, 1980. The detention order dated 8th April, 1996, was issued by the respondent no.1, Commissioner of Police, Greater Bombay, against the petitioner under Section 3(2) of the National Security Act. Pursuant to the said order, the petitioner was detained on the same date i.e. 8th April, 1996. The order of detention issued by respondent no.1 is annexed as Annexure A to this petition. At the time of his detention, the petitioner was also served with the grounds of detention dated 8th April 1996 which are annexed as Annexure B to this petition. There is no dispute that at the time of his detention the petitioner was served with the aforesaid order of detention as well as the grounds of detention along with their Marathi translations.

(2.) THE above detention order is challenged by this petition on various grounds. But the same can be disposed of on the ground which is taken in paragraph 10(H) of the petition.

(3.) THE main grievance made in para 10(H) of the petition is that the Central Government did not consider at all the second representation dated 18th June 1996 addressed to the Secretary, Government of India, Ministry of Home Affairs, Department of Internal Security, New Delhi, though the same was received by them. In the counter affidavit filed on behalf of the Union of India i.e. respondent no.3 by Ishwar Singh, the Desk Officer, Ministry of Home Affairs, Government of India, New Delhi, it is stated in para 11 as follows :