DISTRICT COLLECTOR Vs. SHAIK HASAMATH BEEBI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against a judgment of the Division Bench of the Andhra Pradesh High Court. By the impugned judgment, the High Court has quashed an order of detention issued under Section 3 of the Andhra Pradesh Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, inter alia on the ground that the representation of the detenu filed for temporary release under Section 15 of the Act was not disposed of within a reasonable period and thereby the constitutional right guaranteed to the detenu under Article 22(5) was infringed. The question for consideration, therefore, is whether the request of the detenu for being temporarily released, invoking the power of the Government under Section 15 of the Act, if not disposed of early, can it be said that there has been an infraction of Article 22(5) of the Constitution

(3.) The Act in question is undoubtedly an Act providing for preventive detention of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers, for preventing their dangerous activities, which are prejudicial to the maintenance of Public Order. It was enacted to deal with the situation arising out of the activities of a category of persons, which adversely affected public order and it was difficult for the State to deal with such persons on account of their resources and influence. Section 3 of the Act enables the State Government to issue an order of detention, on being satisfied that the activities of the detenu are such that it is necessary to prevent him from acting in any manner, prejudicial to maintenance of public order. Section 3 (3) makes it obligatory to report the fact of detention to the State Government together with the grounds on which the order has been made, when an order of detention is made by an officer other than the State Government under sub-section (2) of Section 3. Section 8 provides for communication of the grounds of detention to the detenu within a maximum period of five days from the date of detention. Section 9 is the provision for constituting an Advisory Board and Section 10 is the provision under which the Government is duty bound to make the reference to the Advisory Board within three weeks from the date of detention. Section 11 is the procedure to be followed by the Advisory Board and Section 12 is the power of the Government to confirm an order of detention on receipt of the opinion of the Advisory Board that sufficient cause for detention exists. Under Section 13, maximum period of detention that can be passed under the Act is twelve months from the date of detention. Section 14 is the power of revocation of an order of detention by the State Government. Section 15, which is relevant for our purpose, in the case in hand is the power of the State Government to grant temporary release of the person detained. Therefore, the said section is quoted hereinbelow in extenso :