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Documents citing Subhash Chander vs Union Of India And Ors. on 31 January, 1989

Nafisuddin vs Union Of India And Ors. on 13 February, 1989

(3) The learned counsel for the respondent has, however, argued that this particular representation to the Central Government was a second representation and even if a delay had occurred in considering the said representation the same is not material and would not vitiate the detention order. There is no merit in this contention because admittedly the first representation was made by the detenu to the detaining authority and was discussed of by the detaining authority and it was never placed before the Central Government. So, in fact the representation dated September 7, 1988 is the first representation to the Central Government. The learned counsel for the respondent also urged that the detaining authority who is the Joint Secretary of Govt. of India had been delegated the power of Central Government for disposing of the representation under Section 11 of the Act and thus once the Joint Secretary concerned i.e. the detaining authority had considered and rejected the first representation the delay if any made in considering the second representation is not material. There is no merit in this contention because it has been held recently by a Division Bench in Cri. Writ No. 284/88-Subhash Chander versus Union of India decided on January 31, 1989 (2) that Section 11 of. the Act confers supervisory power and the authority which has to consider a representation made under section Ii of the Act must be superior to the authority which passes the detention order. So, in any event the representation which has been made to the Central Government could not have been disposed of by the detaining authority on its own level. In the present case there had occurred unexplained delay in considering the representation made to the Central Government which has the effect of vitiating the impugned order.
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