PARAMVIR SINGH ALIAS PAMMU Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, Mr. Paramvir Singh alias Pammu has challenged his detention vide detention order dated 4-2-1993 passed under Section 3(2) of the National Security Act ( hereinafter called "N.S.A.") by filing this Criminal writ petition on various grounds including Ground IX that there is a long delay in consideration of the representation made by the petitioner and as such the detention is violative of Art. 22 (5) of the Constitution of India.

(2.) As p_e averments made by the petitioner in the petition, the order of detention under S. 3(2) of the N.S.A. was passed on 4-2-1993. This detention order was served upon him while in Central Jail on 5-21993. On 8-2-1993 father of the petitioner made anpplication to the Commissioner of Police stating that the grounds of detention may be served on the petitioner so that he can make an effective and purposeful representation. On 9-2-1993 the petitioner was served with the grounds of detention. On 13-2-1993 a representation was made by the petitioner to the detaining authority and the same was rejected on 12-3-1993, which was communicated to the petitioner on 15-3-1993.

(3.) As per the contentions of the petitioner, there is a long delay in consideration of the representation made by the petitioner and as such the detention of the petitioner is violative of Art. 22( 5) of the Constitution of India. The representation has not been considered by the Commissioner of Police. In fact, he has only forwarded the representation to the Lieutenant Governor and as such the detention is violative of Art.22 (5) of the Constitution of India. In the said representation the petitioner had requested for supply of various documents material and information which were very relevant but they having not been supplied inspite of demand, except for some of the bail applications, which bail applications, orders ought to have been supplied to the petitioner pari passu the grounds of detention. In any case, the petitioner alleges that there is a delay in supply of the same and that makes the detention illegal.