KANTHA BAI Vs. K K DWIVEDI JOINT SECRETARY GOVT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF REVENUE NEW DELHI

JUDGEMENT

(1.) THIS writ petition is filed by Smt. Kantha Bai, wife of the detenu R.S. Hamraj, under Art.226 of the Constitution of India, seeking he issuance of a writ of habeas corpus, quashing the order of detention passed by the respondent on 17.8.1984 and setting the detenu at liberty.

(2.) THIS impugned order of detention has been passed by the respondent on 17.4.1984, in exercise of the powers conferred by S.3(1) of the conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, as amended, (hereinafter) referred to as the Act with a view to preventing the detenu from acting in any manner prejudicial to the augmentation of foreign exchange.

(3.) MR. Govind Swaminathan, learned Senior counsel appearing on behalf of the petitioner, has contended that though the order of detention was made on 17.8.1984, the detenu was not secured until 15.7.1986 and this time-lag of about one year and eleven months between the order of detention and the arrest of the detenu shows that the detaining authority was not really and genuinely satisfied as regards the necessity for detention of the detenu, for otherwise the detaining authority would have tried to secure the detenu with great promptitude and not left or allowed the detenu to remain at large for such a long period and to carry on his nefarious activities. It is further urged that the authority has not satisfactorily explained the undue and unreasonable delay of nearly about two years, because such delay unless satisfactorily explained, would throw considerable doubt on the drawing of the subjective satisfaction of the detaining authority and it would lead to the ultimate inference that the authority was not genuinely satisfied as regards the necessity for detaining the detenu. Incidentally, he also drew the attention of this Court to S.7 of the Act, and submitted that the appropriate authority has not made any report as contemplated under S.7(1)(a). The following ground is raised in paragraph 8 of the affidavit filed in support of the writ petition-