R ELIYAS Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The detenu is the petitioner against whom the first respondent clamped an order of detention on 17-5-2000. Challenging the said detention the present Habeas Corpus Petition has been filed by the detenu.

(2.) Heard. Mr. A. Natarajan, learned counsel appearing for the petitioner. Mr. G.M. Syed Fasiuddin learned Additional Public Prosecutor for the first respondent and Mr. Su. Srinivasan learned Additional Central Government Standing Counsel for the second respondent.

(3.) The Subjective satisfaction arrived at had not been challenged and the order of detention is being challenged on the ground that there is delay in considering the representation by the Central Government as well as by the State Government and it is an infraction of Article 22(5) of the Constitution which renders the continuance of detention illegal. It would be sufficient for the purpose of the present case to refer to the counter affidavit filed on behalf of the second respondent. The counter affidavit runs thus: With regard to the averments made in para 3(b) of the affidavit filed in the HCP, it is respectfully submitted that the Superintendent. Central Prison. Chennai had forwarded a representation dated 6-7-2000 of the detenu, which was received by the Central Government on 10-7-2000. Parawise comments were called from the Sponsoring Authority vide letter dated 11-7-2000. The sponsoring authority furnished it comments vide letter dated 18-7-2000 which was received by the Central Government on 19-7-2000. The case file was submitted to the Under Secretary (COFEPOSA) on 20-7-2000. The Under Secretary (COFEPOSA) processed the case and put up to Joint Secretary (COFEPOSA) on 21-7-2000. The Joint Secretary (COFEPOSA) sought some additional information and returned the file on 24-7-2000 (in between 22nd and 23rd July, 2000 were closed holidays being Saturday and Sunday). The information was called from the Sponsoring Authority by Fax dated 25-7-2000. The information furnished by the Sponsoring Authority was received by the Central Government on 28-7-2000 and was diarised on 31-7-2000. The file was resubmitted on 1-8- 2000 (in between 29th and 30th July, 2000 were closed holidays being Saturday and Sunday). Since the information furnished by the Sponsoring Authority was not adequate further information was called for vide letter dated 3-8-2000. The information called for was received by the Central Government on 16-8-2000. The file was resubmitted on 16-8-2000. The Joint Secretary (COFEPOSA) submitted the file to the Special Secretary cum Director General, Central Economic Intelligence Bureau on 16-8-2000. The Special Secretary cumDirector General Central Economic Intelligence Bureau made some query and returned the file on 17-8-2000. The file was resubmitted to the Special Secretary cum Director General, Central Economic Intelligence Bureau on 18-8-2000. The Special Secretary cum Director General, Central Economic Intelligence Bureau carefully considered the representation vis-avis the facts and circumstances of the case and rejected the same on 21-8-2000. The file was received back on 24-8-2000.