2012 (7) TMI 975

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....nceforth referred to as 'the Act'), by the 1st respondent. By the said order it was directed that the son of the appellant named Khalil Ahmed Rashid Ahmed Kapadia (hereinafter referred to as 'the detenu') be detained under the provisions of the Act. 4. Aggrieved by the said detention order, the appellant herein made a representation to the 1st respondent praying that the detention order be revoked, for various reasons mentioned in the representation. The said representation came to be rejected by the 1st respondent by an order dated 07-09-2011. Subsequently, the appellant filed the abovementioned writ petition on 18-10-2011 challenging the order of detention. By the Judgment under challenge the said writ petition was dismis....

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....before the High Court; principally, that all the material relevant for enabling the Detaining Authority (1st respondent) to record the satisfaction that it is necessary to preventively detain the detenu is not placed before the authority; secondly, that the detaining authority mechanically passed the order of detention without carefully scrutinising the material placed before her; and lastly, the detention is vitiated by the fact that the representation of the petitioner dated 06-08-2011 invoking Article 22(5) of the Constitution of India was rejected only on 07-09-2011 after an inordinate delay of one month. 9. Elaborate submissions were made before the High Court on the first two grounds mentioned above, which did not find favour with th....

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....ich were received in the Department on 26.8.2011 late in the evening. There were holidays on 27.08.2011, 28.08.2011, 31.08.2011 and 01.09.2011 and on 29.08.2011 due to heavy rain fall the office work was paralysed. I further state that the concerned Assistant submitted a detailed note and forwarded it to the Under Secretary on 30.8.2011. The Under Secretary endorsed it on 2.9.2011 and forwarded it to the Dy.Secretary. The Dy. Secretary endorsed it on 5.9.2011 and forwarded the papers to me. I say that during this period 4.9.2011 was holiday. I had independently considered the representation and rejected it on 7.9.2011. Accordingly rejection reply was issued on 7.9.2011 through Speed Post to the applicant." 22. It can be seen from the ....