1980 (9) TMI 281

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....ion for the issue of a writ of habeas corpus. 2. Saleh Mohammad, petitioner is an Indian citizen. On January 18, 1980, an order of his detention under Section 3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (herein-after called the 'COFEPOSA') was passed by the Government of Rajasthan under the signature of the Home Secretary to the Government.....

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....dressed to the Central Government as well as to the State Government for revocation of his detention. 4. On July 16, 1980, the detenu filed this writ petition. Thereafter, on July 25, 1980, the Central Government rejected his representation. 5. Mr. Harjinder Singh, appearing for the detenu, has raised three contentions : (1) There was inordinate and unreasonable delay of about 35 days in ....

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....ved on him, did not inform him that he had a light to make a representation against his detention. This omission vitiates the detention. 6. Replying to the allegations in the writ petition regarding the first, contention, Shri V.D. Sharma has in his affidavit filed on behalf of respondents 2 and 3, stated that the representation of the detenu, made on February 20, 1980, was received in the Home....

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....Inspector General of Prisons as to why this representation of the detenu made on February 20, 1980 remained lying unattended in his office for 22 days. In the counter-affidavit filed on behalf of the respondents, also, no explanation of this delay has been given. It may be noted that the jail wherein the detenu was detained, the Office of the Inspector-General of Prisons and the Office of the Home....