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1992 Supreme(Bom) 380

S.P.KURDUKAR, M.F.SALDANHA
Fatmabai Sheikh Bhikan alias Sunabi – Appellant
Versus
Commissioner of Police, Pune and others – Respondent


JUDGMENT - M.F. SALDANHA, J.:---Would a detention order be vitiated if, in the grounds of detention, the concerned authority communicates to the detenu that he has a right to represent against the order but fails to specify the authority to whom such representations are required to be addressed ? Would such a lacuna be fatal to the detention order on the ground that it frustrates the detenu's right to represent against the order of detention in so far as it has not been indicated to him as to who is the officer concerned to whom he should apply for redressal ? This, in essence, is the issue canvassed in this petition where it is pleaded that the prejudice to the detenu in such circumstances is manifest and that the order is necessarily vitiated. The right to make an effective representation has to be construed meaningfully and realistically and is not to be regarded as being illusory or to be taken lightly.

2. The petitioner before us is the mother of one Gulam Jilani Bhikan Shaikh (detenue) and she has challenged the detention order passed by the Commissioner of Police, Pune. The order in question, dated 10-3-1992 has been passed under the provisions of the National Security Act,












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