MOHANLAL RANCHHODLAL SHAH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) IN the present case after the detenu came to be detained under section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, he made a representation through the jail authorities on 13th September, 1985 which the jail authorities forwarded to the Home Department in due course. The Home Department received the representation on 21st September, 1985 and disposed it of after a lapse of almost 27 clear days on 18th October, 1985. The delay is sought to be explained on the specious ground that there was heavy backlog of work due to the strike of the Government employees and there was shortage of staff. We have pointed out in several matters that such a bald explanation to satisfy the Court that even though the representation was dealt with dispatch; it was humanly impossible to dispose it of at an earlier date. Without the necessary particulars having been supplied, it is not possible to accept the bald explanation. We are, therefore, of the view that on this single ground the detention order is liable to be quashed. We, therefore, need not examine the other ground.

(2.) IN the result, the petition succeeds. The impugned order of detention is quashed and the detenu is directed to be released forthwith unless required in any other matter. Rule made absolute accordingly. Petition allowed,