1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1059 OF 2008 Mustaq Ahmed Choudhary. ... Petitioner. V/s. The Addl. Chief Secretary (Home), Govt. of Maharashtra & Ors. ... Respondents. .... Mr. N.N. Gawankar i/b. A.N. Shetye and Arfan Sait for the Petitioner. Mrs. Sangita Shinde, A.P.P. for the Respondents. .... CORAM : DR. D.Y. CHANDRACHUD & K.U. CHANDIWAL, JJ. 14TH MAY. 2008. P.C. :- An order of detention was issued by the First Respondent on 6th February 2008 which was served on the Petitioner together with the grounds of detention. 2 The Petitioner applied on 16th April 2008 for temporary release on the ground that his father was to undergo surgery for the removal of a lump in the Hypogastric region. The Application has been rejected by the Additional Chief Secretary, Home Department and an intimation thereof has been furnished to the Petitioner by the Under Secretary by a letter dated 9th May 2008. The grievance of the Petitioner is that neither was an opportunity granted to him of a personal hearing nor have any reasons been communicated for rejecting the request. Having regard to the nature of the grievance which has been urged on behalf of the Petitioner, it would be appropriate and proper if the petition is disposed of with a direction that the Additional Chief Secretary, in the Home Department shall reconsider the application filed by the Petitioner and pass fresh orders thereon. However, it is clarified that having regard to the limited nature of the relief which has been sought at the present stage, it is not necessary for this Court to express any view on the merits of the application which has been moved by the Petitioner and the same shall be duly 3 considered in accordance with law. The Additional Chief Secretary is requested to dispose of the application expeditiously. The Petition is accordingly disposed of. Parties to act on an ordinary copy of this order duly authenticated by the Associate/Sheristedar of this Court. (DR.D.Y.CHANDRACHUD,J.) (K.U. CHANDIWAL,J.)