ABDUL JABAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the father of the detenu, Md. Shahid Ahamed @ Abaskhan. By this writ petition, the detention order dated 08.12.2009 issued by the District Magistrate, Thoubal, in exercise of power conferred upon him by sub section (2) of Section 3 of the National Security Act (NSA), 1980 read with Government of Manipur, Home Department Notification No.17(1)/49/80-H(P-I) dated 10.11.2009 for detaining the detenu until further order, the order of the State Government dated 15.12.2009 for approving the detention order dated 08.12.2009 and also the order of the State Government for confirming the detention order and thereby fixing the period of detention for 12 months from the date of detention; had been put to challenge.

(2.) HEARD Mr. S. Jayanta, learned senior counsel assisted by Mr. O.Kiranjit, learned counsel for the petitioner and also Mr.R.S. Reisang, learned GA appearing for respondent Nos.2, 3 and 4 as well as Mr. C.Kamal, learned CGSC appearing for respondent No.1.

(3.) BY the said message 14.01.2010 of the Central Government, the detenu has been informed and made to understand that his representation dated 18.12.2009 to the Central Government had been rejected. After rejection of the representation dated 18.12.2009, remedies open, amongst others, to the detenu are (1) to challenge the impugned detention order, approval and confirmation orders by approaching this Court by invoking writ jurisdiction, (2) to file fresh representation to the State Government, i.e appropriate Government to revoke or modify the detention order at an early date in exercise of power conferred by proviso to Section 13 of the NSA and (3) to file fresh representation to the Central Government for revocation or modification of the detention order in exercise of power conferred under Section 14 of the NSA. In other words, in case of rejection of the representation of the detenu dated 18.12. 2009 by the Central Government, remedy left open to the detenu is to take recourse to one of the remedies indicated above and not the writ petition challenging the said order of the Central Government rejecting the representation dated 18.12.2009 intimated to the detenu under the said Wireless Message dated 14.01.2010 inasmuch as the detenu is really aggrieved by the impugned detention order under the NSA. The detenu could file fresh representation to the Central Government; and quashing of the said rejection order in a writ petition shall not result quashing of the detention order.