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1980 Supreme(SC) 289

S.MURTAZA FAZAL ALI
Raziya Umar Bakshi – Appellant
Versus
Union Of India – Respondent


Advocates:
Harjinder Singh, M.M.Lodha, M.N.SHROFF, R.B.DATAR, R.N.SACH, RAM JETHMALANI

JUDGMENT

FAZAL ALI, J. (Vacation Judge) :— The detenu was detained under sub-section (1) of Section 3 of The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (in short COFEPOSA) by the Government of Gujarat by its order dated January 30, 1980. The order was passed by Mr. P. M. Shah, Deputy Secretary to the Government of Gujarat who authenticated the said order on behalf of the State Government. The detenu while making a representation to the State Government also prayed for supply of documents to him in order to make a more effective representation. These documents however were supplied on March 27, 1980 although the order of detention was itself confirmed on March 21, 1980. In the representation sent to the Government, the detenu had made a specific prayer that his representation should be forwarded to the Central Government for being considered.

2. In support of the rule, Mr. Ram Jethamalani, counsel appearing for the detenu raised two points before this Court. In the first place it was submitted that the counsel on behalf of the detenu has expressly pleaded that the grounds of detention were couched in English, a language which the detenu did not unders










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