SATINDER PAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule D.B. Since a very short point is involved, we proceed to decide the writ petitions

(2.) This petition is directed against the order dated 30th July, 1990 passed in exercise of the powers conferred vide sub-Section 3 of the National Security Act. 1980. The order of detemion was issued with a view to prevent the petitioner from acting in any manner prejudicial to the maintenance of the public order. The grounds served upon the petitioner stated that he was an active bad character of the area of Police Station Karol Bagh who indulged in the acts of violence, attempt to murder, criminal intmidation, robbery, theft, riots and offences punishable under the Aims Act. He was involved in the following criminal casts in the area of Union Territory of Delhi. <FRM>JUDGEMENT_267_DRJSUPP1_1991Html1.htm</FRM> The petitioner was also informed that he had a right to make representation to the Administrator of Delhi and/or to the Advisory Board of Delhi High Court against his detention. He was further informed that in case he desired to make representation to the Central Government he could make the same on the specific address.

(3.) The learned Counsel for petitioner has contended that there was a long and unreasonable delay in execution of the detention order upon the petitioner in as much as the detention Older which was dated 30th July, 1990 was served upon the petitioner only on 13th April, 1991. He has further argued that the petitioner was arrested in F.I.R. Nos. 438/90 and 439/90 on 4th September 1990. He was in Jail in the said cases till 6th February, 1991 when he was ordered to be released on bail. Despite the petitioner being lodged in Jail, the detaining authority made no effort to serve him with the order of detention. It is also an admitted position that bail was granted to the petitioner in the presence of the State and there is no explanation forthcoming as to why the petitioner was not served with the order of detention even thereafter from 8th of February, 1991 (the date he was released on bail) till 10th of March, 1991.