OM SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition has been filed under Article 226 of the Constitution of India for quashing the order of detention dated July 4, 1991 (Annexure 1) and confirmation order dated October 22, 1991 (Annexure 4) passed by the Government of India in the Ministry of Finance, Department of Revenue, New Delhi and for directing the respondents to release the petitioner forthwith.

(2.) IN short, it has been averred in the writ petition that an order of detention (Annexure 1) has been passed on July 4, 1991 against him under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 ( in short, the Act), he was served with it on July 23, 1991, subsequently grounds (Annexure 2) were given to him, his representation (Annexure 3) was received by the Superintendent, Central Jail, Jodhpur on August 23, 1991, his detention has been confirmed for a period of one year by the Central Government by its order (Annexure 4)dated October 22, 1991 without considering his representation (Annexure 3 ).

(3.) IT has been observed in Smt. Gracy v. State of Kerala (supra), as under: - "it is thus clear that the obligation of the Government to consider the representation is different and in addition to the obligation of the Board to consider it at the time of hearing the reference before giving its opinion to the Government. Consideration of the representation by the Government has to be uninfluenced by the view of the Advisory Board. In short, the detenu's right to have the representation considered by the Government under Article 22 (5) is independent of the consideration of the detenu's case and his representation by the Advisory Board. This position in law is also not disputed before us. "