1980 (2) TMI 257

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.... the grounds of detention. Before the documents were supplied, an incomplete representation was made by the detenu on 22-9-1979. The documents were supplied on 25-9-1979, 27-9-1979 and 3-10-1979. The detenu again made a second representation on 5-10-1979 and requested that the order of detention may be revoked by the Central Government. Mr. A. K. Sen, the learned counsel for the petitioner, submitted that the representation requesting the Central Government to order the revocation under S. 11 of the Act was not forwarded by the detaining authority to the Central Government and as such the detention is illegal. In the memorandum of grounds in his writ petition at paragraph XIV the detenu submitted that he made representation to the Central ....

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....epresentation be placed before COFEPOSA Advisory Board alongwith the earlier representation. (c) That the Advisory Board be pleased to report to the Central Government to revoke the impugned order of detention." The request of the detenu is clear: He prayed for the revocation of the order of detention by the Central Government. It is not the case of the detaining authority that he did not understand the representation as being intended for the Central Government. On the other hand, his plea is that the mere fact that the Central Government has not considered the representation would not vitiate the order of detention. The detaining authority is the Additional Secretary, Government of India, Ministry of Finance and it is not disputed that ....