VINAY KUMAR VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition for habeas corpus challenging the validity ofthe detention of the detenu under an order dated 8/05/1986. The detenu was arrested on 2/07/1986 pursuant to the order of detention and he was detained in the central Jail, Arnritsar. The detenu submitted a representation on 27/07/1986 against his detention and this representation was forwarded by the jail authorities to the Home Department of the government of Punjab on 31/07/1986. It was only on 16/09/1986 after a period of more than a month and a half that the representation was rejected by the government. The validity of the continuance of the order of detention has been assailed inter alia on the ground that the representation of the detenu was not considered with reasonable dispatch and the delay of one and half months in considering the representation has the effect of vitiating the continuance of the order of detention. The counteraffidavit filed by the Under secretary, government of Punjab has sought to explain the delay in sub-para (F) of paragraph 12 but the explanation is far from satisfactory. It does not explain satisfactorily the delay of one and a half months in considering the representation. The continuance of the order of detention must therefore be held to be bad and it must be set aside. We accordingly allow the petition, set aside the order of detention and direct that the detenu be set at liberty forthwith.