Case: Tara Chand Vs. State of Rajasthan and Others

The detention order was passed by Shri L. N. Gupta, CommissionerAdministration, Secretary, Home Department, Rajasthan, Jaipur. The detenu was arrested in pursuance of that order on November 2, 1979. The grounds of detention were served on the detenu on November 3, 19792. On November 3, 1979 the detenus brother Tara Chand addressed a letter to the detaining authority on behalf of detenu praying for revocation of the order of detention. This letter was more in the nature of complaint against the Customs Officer, and less than a representation against the grounds of detention. The prayer made in this letter was rejected on November 19, 19793. A meeting of the Advisory Board was held on November 30, 1979. The detenu was heard by the Board. The Board made report on December 3, 1979 justifying the detention. The detention was confirmed by the State Government on December 15, 19794. On February 23, 1980, the detenu made a representation to the Central Government praying for revocation of his detention under Section 11 of the COFEPOSA. Another representation of the same date was sent by the detenu to the detaining authority5. It is alleged in the petition that these representations have not been considered by Central Government or the detaining authority up to the date of the writ petition. The representation dated February 23, 1980, of the detenu against the grounds of his detention reached the detaining authority on March 27, 1980, that is, after a delay of one month and five days.

Reasoning: It is common ground that neither the representation was considered by the Union of India nor was any order passed by it. A general plea was taken by Mr. Abdul Khadar that probably the Union of India did not receive this representation at all which, however, is clearly falsified by the letter sent by the President of India, which we have referred to aboveIt is not said that any orders were passed on the representation or that it was considered but it is said that it was to abide by any stand taken by the State Govt. Section 11 (1) of the Cofeposa Act clearly enjoins that the Central Govt. may revoke or modify an order passed by the State Govt. Mr. Abdul Khadar fairly conceded that the Central Govt. had a discretion under s. 11 of the Cofeposa Act to revoke the order of detention. Thus, when once a representation is made to the Central Govt. it is duty bound to consider the same in order to exercise its discretion either in rejecting or accepting it. If there is inordinate delay in considering the representation that would clearly amount to a violation of the provisions of art. 22(5) so as to render the detention unconstitutional and void.