KHAZAN SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Admittedly the detenu submitted his representation to the State government as well as to the central government on 21/08/1991. The State government has filed an affidavit explaining that the representation filed by the detenu was considered expeditiously and was rejected. The rejection was communicated to the detenu in the jail. We have examined the said affidavit and we are satisfied that the representation of the detenu was considered and disposed of by the State Govern- ment in accordance with law.

(2.) The representation addressed to the central government was received by the central government in the Ministry of Home Affairs on 26/08/1991. It has been stated in the affidavit filed by Sh. S. C. Aggarwal, Deputy secretary, Ministry of Home Affairs that parawise comments on the representation were received from the State Government on 9/09/1991. After processing the representation it was found that some further information was needed to be obtained from the state government. A wireless message was sent on 10/09/1991 but the required information was received from the State government on 2/01/1992. The representation was considered and rejected on 9/01/1992 and the same was communicated to the detenu on 10/01/1992. Mr Yogeshwar Prasad, learned counsel appearing for the State of Uttar Pradesh, states that the State government had expeditiously replied to all the correspondence addressed to the State government by the central government and the State government can- not be blamed. This is a matter between the State government and the central government but the fact remains that the representation of the detenu received by the central government on 26/08/1991 was decided on 9/01/1992. Patently there is gross delay on the part of the central government in deciding detenu's representation resulting in denial of his fundamental right guaranteed under the Constitution. On this short ground we allow the petition and set aside the detention order dated 12/08/1991 and direct that the detenu be released forthwith.