DEBENDRA NATH GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Debendra Nath Goswami forwarded through Dum Dum Central Jail an application for a writ in the nature of habeas corpus. That petition purported to be made under Art. 226 of the Constitution and under S. 491, Code of Criminal Procedure. Later he forwarded another application under Art. 32 of the Constitution from Burdwan Jail where he was apparently transferred in the meantime, seeking the same relief.

(2.) The petitioner was arrested on December 29, 1971 pursuant to an order of detention made on May 3, 1971. The grounds of detention were served on him at the time of his arrest. The fact of making the detention order was reported to the State Government on May 3, 1971, the day it was made. The State Government approved that order on May 11, 1971, and also reported that fact to the Central Government the same day. His representation was received by the State Government on January 22, 1972 and was considered by it on February 15, 1972. His case was placed before the Advisory Board on January 25, 1972 and the Advisory Board made its report on February 17, 1972. The detention was confirmed by the State Government on February 25, 1972 and communicated to the petitioner on March 1, 1972.

(3.) The delay by the State Government in considering the petitioner's representation is, in our opinion, prima facie unreasonable and it requires satisfactoriy explanation. The explanation for this delay is contained in para 9 of the counter-affidavit sworn by Shri Sukumar Sen, Deputy Secretary, Home (Special) Department, Government of West Bengal on August 21, 1972. It reads as under: