FRANCES CORALIE MULLIN Vs. W G KHAMBRA

JUDGEMENT

(1.) Mrs. Frances Corolie Mullin, a British National, was served on November 23, 1979, with an order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. The grounds of detention were also served on her on the same day. On December 1, 1979, her Advocate sent a telegram to the detaining authority, namely, the Administrator, Union Territory of Delhi, asking for copies of statements and documents upon which reliance was placed in the grounds of detention. The telegram was received by the detaining authority on December 3, 1979. The Director of Revenue Intelligence who was directed by the Administrator, Union Territory of Delhi, to supply copies of statements and documents to the detenu, so supplied them on December 7, 1979. Seventeen documents were mentioned in the accompanying letter. Alleging that one of the documents (item No. 14) was not sent, the Advocate wrote a letter by Registered post on December 17, 1979, asking for a copy of that document also. A reply was sent on January 1, 1980, to the effect that document No. 14 had also been supplied earlier but nonetheless another copy of the same document was being sent again. On December 22, 1979, the detenu made a representation to the detaining authority and it was actually received by the latter on December 26, 1979. The Home Department of the Delhi Administration forwarded a copy of the representation to the Customs authorities for their remarks. The remarks were received on January 4, 1980. Thereafter the representation was considered and rejected by the Administrator on January 15, 1980. The rejection of the representation was communicated to the detenu on January 17, 1980. In the meanwhile the Advisory Board to whom the detention of the petitioner had been referred met on January 4, 1980 and considered the matter. The detenu was produced before the Advisory Board and various concerned Departmental officials were also present. On January 10, 1980, the Advisory Board recorded its opinion and forwarded the same to the detaining authority. It was received by the Home Department of the Delhi Administration on January 11, 1980 but was actually placed before the Administrator on January 19, 1980 when the detaining authority confirmed the order of detention.

(2.) In this application for the issue of a writ of Habeas Corpus three submissions were made by Shri Ram Jethmalani, learned counsel for the petitioner:

(3.) Notwithstanding the clear assertion in the additional grounds raised by the petitioner, which she was allowed to do by an order of the Court that her representation dated December 22, 1979, was not placed before the Advisory Board when the Board met on January 4, 1980, there was no specific denial of the assertion in the counter filed by the Delhi Administration to the additional grounds. However, we were informed by Shri Abdul Khader, learned Counsel for the Delhi Administration, that the representation was in fact forwarded to the Advisory Board and also considered by the latter. He produced the relevant files before us would we also permitted Shri Jethmalani to inspect. We are satisfied that the representation was forwarded to the Advisory Board and it was also considered by the latter. There is, therefore, no force in the first submission made on behalf of the petitioner. We wish to repeat here, what we have said on earlier occasions, that there should be greater precision and perspicuity in affidavits filed in the Court Care and clarity are particularly important when the Court is concerned with questions of personal freedom.