Inderjeet @ Bittoo vs Delhi Administration And Anr.
1993 Latest Caselaw 473 Del

JUDGMENT

Anil Dev Singh, J.

(1) By this writ petition under Art. 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure,the petitioner prays for quashing of order of his detention dated Sep. 18,1992 passed by the Commissioner of Police under Sub-section 2 of Section 3 of the National Security Act, 1980.

(2) According to the grounds of detention, the petitioner was indulging in acts of violence, murder, attempt to murder, robbery, rioting and also offences punishable under the Arms Act.

(3) Learned Counsel for the petitioner submits that the petitioner was undoubtedly served with documents accompanying the grounds of detention,but some of these documents were illegible. On N 18/11/1992 the petitioner sent a representation to the Central Government in which the mainly requested for furnishing of legible copies of the documents to him.The petitioner was supplied with legible copies on 9/12/1992.However, the representation of the petitioner was turned down, by the Central Government on 23/12/1992. After receipt of the legiblecopies, the petitioner filed fresh representation on 30/12/1992. This reprsentation has been admitted to have been received by the StateGovernment. But it is not known as to whether the representation was forwarded to the Central Government or not. The fact, however, remains that this representation has not been disposed of by the Central Government.In view of the admitted position that the second representation, which was moved by the petitioner after receipt of legible copies, has not been decided by the Central Government, this writ petition succeeds. The rule is made absolute and the detention order is quashed. The petitioner is directed to be released forthwith, if not required in connection with some other case.Petition allowed.