STATE OF UTTAR PRADESH Vs. MAHANT SINGH

JUDGEMENT

(1.) This appeal is by special leave. The State of Uttar Pradesh has challenged the judgment of the Allahabad High Court quashing the order of detention made by the District Magistrate of Gorakhpur on August 7, 1981, in exercise of powers under S. 3(2) of the National Security Act, 1980 ('Act' for short).

(2.) The respondent moved an application under Art. 226 of the Constitution for a writ of habeas corpus and challenged his continued detention on the ground that the provisions of S. 10 of the Act had not been complied with and his representation had not been placed before the Advisory Board within three weeks from the date of detention. The High Court found that the petitioner had made a representation on August 16, 1981, which the authorities of the Jail had forwarded to the District Magistrate and he in his turn sent the same to the State Government on August 24, 1981. The State Government received the representation on August 25, 1981, and caused it to be placed before the Advisory Board on August 29,1981. According to the High Court, "the representation of the petitioner was placed before the Advisory Board twenty two days after the date of detention of the petitioner. There was thus a breach of section 10 of the Act. The detention of the petitioner is thus illegal." On this conclusion, by order dated May 11, 1982, the High Court quashed the detention. It added at the end of its order:

(3.) There can be no doubt that the provisions in S. 10 of the Act are mandatory. This Court has on more than one occasion indicated in unmistakable terms that the safeguard available to a detenu without trial is what is guaranteed to him under Art. 22(5) of the Constitution. The time schedule indicated in the Act and the screening by the Advisory Board are in answer to this requirement. This Court in Khudi Ram Das v. State of West Bengal, (1975) 2 SCR 832 said: