Case: Tara Chand Vs. State of Rajasthan and Others

1. This writ petition by Tara Chand, a brother of the detenu, Hira Nand, has been filed against an order of detention dated June 30, 1979, passed by the Govt. of Rajasthan under the provisions of the Conservation of Foreign Exchange & Prevention of Smuggling Activities Act (hereinafter called the " Cofeposa ").

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.