SHAH BADAL Vs. UNION OF INDIA

JUDGEMENT

(1.) The COFEPOSA unit of the Government of India as well as the President Secretariat both are situated in New Delhi. To my mind, it could not have taken more than a day's time whereas it took almost five days for the representation to travel from the President Secretariat to the COFEPOSA unit. Even though 4th and 5th Jannuary, 1992 being 'holidays. Still there is no explanation for the rest of the delay. The matter did not rest here.

(2.) Merely rotating the file from one department to another and shuffling the same from one table of an officer to another table of the officer does not mean explaining the delay nor can be called a sufficient explanation for the delay in disposal of the representation. In fact the Constitution cass a duty on the State to consider the representation expeditiously until a final decision is arrived at and communicated to the detenu.

(3.) With these observations I allow the writ petition and make the rule absolute and declare the detention bad in law and the continuous detention illegal and order that the petitioner be set at liberty forthwith, if not required to be detained in any other case.