CHARANJIT TAIWAR Vs. H C TANDAN

JUDGEMENT

(1.) One Such a Singh a citizen of India, has been detained in Central Jail, Tihar, New Delhi, by virtue of an order of detention dated February 24, 1984, made by the Commissioner of Police, Delhi, under subsection (2) of .Section 3 of the National Security Act, 1980. (hereinafter referred to as the Act). The said detention order was served on Sucha Singh on February 25, 1984 and he has been in detention ever since. The grounds of detention dated February 29, 1984 were served on the detenu in jail on that very day. The State Government approved the detention on March 5, 1984 and Hs approval was communicated to the detenu on March 11, 1984. By a communication dated March 15, 1984 by Shri. Harjinder Singh, Advocate, acting on behalf of the detenu, a representation (called a letter or a complaint by the detaining authority) was made to the detaining authority, viz., the Commissioner of Police, Delhi, to revoke the detention order dated February 24, 1984 and in the alternative it was prayed that certain documents be supplied to the detenu. This representation was received in the office of the Commissioner of Police on March 16, 1984. By an order dated April 18, 1984 the Commissioner of Police rejected the prayer in regard to revocation of the detention order but granted the prayer for supply of documents. A copy of this order was communicated to the detenu on April 18, 1984 itself. In the meanwhile the Advisory Board had met on April 6, 1984 and confirmed the detention.

(2.) A petition under Article 226 of the Constitution of India for issue of a writ of habeas corpus in respect of Sucha Singh was filed in this court on March 27, 1984. Hearne up before us on March 29, 1984: On that date Shri Harjinder Singh, learned counsel for the petitioner, sought an adjournment to show us some relevant law. We adjourned the matter to April 3, 1984. On this date learned counsel for the petitioner, viz. Sucha Singh, was unable to put up appearance and so on the request of a friend or an associate of the petitioner, R.S. Monga, we adjourned the matter to April 5, 1984 and also directed production Of the petitioner in case counsel was unable to appear. On April 5, 1984 we issued rule returnable on April 18, 1984. On this date appearance was put in on behalf of the respondents and prayer was made for time to file the return on the ground that service had been effected only on April 16, 1984. We granted time.

(3.) By way of return to the rule nisi an affidavit, sworn by Shri S.C. Tandem, Commissioner of Police, Delhi, has been placed on the record. A rejoinder has been filed to this counter-affidavit.