O.CHHINNAPPA REDDY, R.B.MISRA
Youssuf Abbas – Appellant
Versus
Union Of India – Respondent
JUDGMENT
CHINNAPPA REDDY, J.:— Ali Abbas Jaafri was arrested on Sept. 8, 1981, pursuant to an order of detention made on July 26, 1980 under the COFEPOSA. The grounds of detention along with the documents necessary to enable the detenu to make a representation were served on him on Sept. 16, 1981. The detenu claims to have made a representation against his detention on Oct. 1, 1981. He has made an assertion to this effect in para 11 of the writ petition filed in this Court. While this is not expressly denied in the counter-affidavit filed on behalf of the Government, it is stated therein that an undated representation was received by the Government from the District Magistrate, Unnao on 23rd Oct. 1981. We will come back to this later. The Advisory Board which met on Oct. 23, 1981, gave a personal hearing to the detenu and submitted its report on Oct. 26, 1981. Thereafter the Government rejected the representation of the detenu on Oct. 29, 1981. The representation, we may mention here, was admittedly not forwarded to the Advisory Board on the ground that it was received by the Government subsequent to the hearing by the Board.
2. The detenu filed a writ petition in the Allahabad High
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