ARIJIT PASAYAT, S.K.AGARWAL
SHOBHA SURESH JUMANI – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) BY this petition under Articles 226 and 227 of the Constitution of India, 1950 (in short the Constitution) legality, validity and vires of the order dated 16/11/1995 passed by respondent No. 1 (Union of India through its Joint Secretary, Department of Revenue, Ministry of Finance) has been challenged. Said order was passed in exercise of power under Section 3 (1) of the Conservation of Foreign Exchange and smuggling Activities Act, 1974 (in short the Act), for detaining Suresh Manoharlal jumani. Present petition has been filed by wife of said Suresh Manohar Lal Jumani. Prayer is for issuance of a writ in the nature of mandamus and or any other appropriate writ directing not to execute the said order. A copy of the order however, has not been annexed to the petition. Stand of the petitioner in essence is that such a prayer has to be accepted as (a) there has been delay in execution of the order of detention, (b) there was non-consideration of the representation made by the petitioner, (c) there is no material to link petitioner s husband with any irregular of illegal activity. It has also been pleaded that a decision has been taken by the Government by notificatio
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