MOHINDER PAHALWAN Vs. UNION OF INDIA

JUDGEMENT

(1.) "The petitioner challenges the order of detention passed by the Commissioner of Police on 21.5.1998 under Section 3(2) of the National Security Act.

(2.) The petitioner submitted his representation on 10.7.1998 to the Superintendent, Tihar Jail for onward transmission to the State Government as well as the Central Government. While the State Government disposed of the representation of the petitioner on 23.7.1998, the Central Government disposed it of on 24.8.1996. It is not disputed by learned Counsel for the Central Government that the representation of the petitioner reached the Central Government through the Ministry of Home Affairs on 21.7.1998. It is also not disputed that the representation was disposed of on 24.8.1998. The explanation of the first respondent for taking 33 days in disposing of the representation is contained in the affidavit of Mr. Bina Prasad, Under Secretary, Ministry of Home Affairs, Government of India. The relevant portion of the affidavit reads as follows:

(3.) From the above explanation, it is clear that from 4.8.1998 to 12.8.1998 and from 17.8.1998 to 23.8.1998 the representation of the petitioner was not dealt with at all. It has been emphasised by the Apex Court & this Court in several decisions that the representation of a detenu should be considered by the concerned authority with utmost expedition as otherwise valuable right guaranteed to the detenu under Article 22(5) of the Constitution is violated. The autorities are required to show that the representation of the detenu was being continuously dealt with from the date of its filing to date of its disposal.