ANIFA Vs. COMMISSIONER OF POLICE COIMBATORE CITY COIMBATORE

JUDGEMENT

(1.) PETITIONER herein challenges the order passed by the first respondent herein dated 4.7.1998 under the provisions of Sec.3(2) of the National Security Act, 1980 directing the detention of one Amanullah, who is said to be the relative of the petitioner with a view to prevent him from acting prejudicial to the public order.

(2.) ALONG with the order, the detenu was supplied with the grounds for detention, which suggest that the petitioner was having nexus with banned out fit called A-1 Umma and was responsible for the riots, which took place in the City of Coimbatore. It is also suggested in the grounds that on 10.2.1998, the said Amanullah was arrested by the police party of Vepary Police Station and at that time, he was found in possession of 400 electrical detonators and 750 ordinary detonators.

(3.) THEREFORE, the real test which would apply in a situation like the present on would be as to whether there is any inordinate delay in the part of the Central Government in considering the representation. The observations of the Apex Court in 1993 S.C.C. (Crl.) 913, are as follows: "The delay by itself is not a ground which proves to be fatal, if there is an explanation. However the short delay cannot be given undue importance having regard to the administrative actions. We do not think that the delay in this case is so inordinate as to warrant interference."