Raj Kumar Mahajan v. U. O. I. and Others - 1993 Supreme(Online)(Del) 1

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1993 Supreme(Online)(Del) 1

DELHI HIGH COURT
Usha Mehra, J.
Raj Kumar Mahajan v. U. O. I. and Others

Advocates:
For the Appellants/Petitioners: Mr. Malhotra
For the Respondents: Mr. Jagdev Singh

Table of Content
1. petitioner detained under cofeposa for foreign exchange violations. (Para 1 , 2)
2. representation handling delays weaken detainment assurance. (Para 3 , 12)
3. duration of delay in execution and link with detention validity. (Para 4 , 5)
4. responses needed to substantiate claims of reported activities. (Para 6 , 7 , 10 , 11)
5. supreme court ruling norms to be upheld against detention. (Para 14 , 15)

1. The petitioner, Raj Kumar Mahajan has challenged the order of detention passed on 7th November, 1990 under S. (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called as the 'COFEPOSA Act') served on him on 5th September, 1991. The order of detention was issued by Mr. Mathura Prasad, Joint Secretary to the Government of India. It is stated therein that with a view to preventing the petitioner from acting in any manner prejudicial to the augmentation of foreign exchange, it was also ordered that the petitioner be detained and kept in custody in the Central Jail, Tihar, New Delhi. The grounds of detention were served on the petitioner but on September 9, 1991.

2. In nutshell, the case is that on 17th August, 1990