ANKIT ASHOK JALAN Vs. UNION OF IDNIA

JUDGEMENT

(1.) This petition under Article 32 of the Constitution of India prays for quashing of the Detention Orders, Nos.PD-12001/34/2019-COFEPOSA and PD-12001/35/2019-COFEPOSA, both dated 01.07.2019, issued by the Respondent No.2 against Shri Ashok Kumar Jalan and Shri Amit Jalan respectively dated 01.07.2019 and for a direction that the detenues be set at liberty.

(2.) The facts leading to the filing of this petition, in brief, are as under:

(3.) The instant writ petition was filed on or about 16 th December, 2019 challenging the stand taken in the communication dated 05.12.2019 that the representation would be considered only after the receipt of the opinion of the Central Advisory Board. It was submitted that the representation ought to be considered independently by the Detaining Authority and without waiting for the report of the Central Advisory Board; and that the delay in consideration of such representation violated the rights of the detenues guaranteed by the Constitution of India. Soon thereafter, another representation reiterating the stand as aforesaid was made by the Advocate for the detenues on 18.12.2019.