SHANKER BECHAR KAHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The last incident in which the detenu is alleged to be involved is of 11-1-1969, whereas the order of detention was passed on 27-6-1989. Though a specific point has been taken in the petition in this regard, no explanation has been offered by the detaining authority in the reply affidavit. Even in the original file there is nothing to show that the detaining authority was alive to this aspect of delay. He had not considered whether the order of detention really deserved to be passed in this case, even though he was called upon to exercise the power after about 6 months. If he had considered that aspect and had arrived at the requisite satisfaction, it would have been a different matter. As the Commissioner passed the order of detention without considering the relevant aspect, his satisfaction regarding necessity to pass the detention order must be regarded as not genuine.