UNION OF INDIA Vs. LAISHRAM LINCOLA SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the judgment of the Division Bench of the Guwahati High Court, Imphal Bench allowing the habeas corpus petition filed by the respondent. The habeas corpus petition was filed questioning the order of detention passed by the District Magistrate, Manipur, Imphal West, dated 23-9-2005 in exercise of powers conferred by sub-section (3) of Section 3 of the National Security Act, 1980 (in short the Act) read with Home Departments order No.17(1)/49/ 80-H(Pt) dated 6-9-2005, which was approved by the State Government under order No.17(1)/947/2005-H dated 5-10-2005 and again confirmed by order of State Government being No.17(1)/947/2005-H dated 7-11-2005 fixing the period of detention for 12 months from the date of detention. The order of detention was challenged primarily on the ground that there was unexplained delay in disposing of the representation made by the detenu. The High Court accepted the plea that there was an unexplained delay.

(3.) Learned counsel for the appellants submitted that the representation was made on 12-10-2005 and the Central Government received the same on 31-10-2005. It immediately wrote to the State Government to give its parawise comments. Such comments were received on 22-11-2005 and immediately thereafter after consideration of all relevant aspects the order of rejection was passed on 29-11-2005 which was communicated to the detenu on 30-11-2005.