HAJI ISABHAI AGEWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THROUGH this petition preferred under Article 226 of the Constitution of India the petitioner, who is the brother of the detenue Abdul Razaak Essabhai Babubhai @ Babla, has impugned the order dated 13th June 1997, passed by Mr. Somnath Pal, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi, detaining the detenue under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order along with the grounds of detention bearing the said date was contemporaneously served on the detenu on 17-9-1997.

(2.) WE have heard Mrs. A. N. Z. Ansari for the petitioner, Mr. R. M. Agarwal for respondents Nos. 1 and 2 and Mrs. V. K. Tahilramani, P. P. for respondents Nos. 3 and 4.

(3.) SINCE in our view, this petition deserves to be allowed on a purely legal ground contained in para 4 (xi) of the petition we are not adverting to the prejudicial activities of the detenu detained in the grounds of detention. In short ground No. 4 (xi) is that the detaining authority referred to and relied upon in the grounds of the detention the bail order dated 29--11-1996 whereby the detenue was granted bail by the Court but instead of furnishing a complete copy of the said bail order only a truncated copy was supplied to the detenue and therefore the could not make an effective representation under Article 22 (5) of the Constitution of India and therefore the impugned detention order is unsustainable.