RAMESH SINGH @ KAKA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D.R.S. Chauhan, learned Counsel for the Petitioner, Mr. Jitendra Sisodia, learned Counsel appearing for the State of U.P., Mr. Sachi Kant Misra appearing on behalf of Union of India and perused the record.

(2.) In the present case continued detention of the Petitioner has been challenged on the ground of delay in deciding the representation by Union of India.

(3.) The brief facts of the case is that considering the report of the sponsoring authority for preventive action under the National Security Act, the District Magistrate, Mau, passed the detention order dated 23.12.2009 under Section 3(2) of the National Security Act, in exercise of power under Section 3(3) of the said Act, since the activities of the Petitioner was found prejudicial to the maintenance of public order. The grounds of detention alongwith the other materials was served through jail authorities to the Petitioner since he was already in judicial custody at district jail, Mau. The Petitioner submitted his representation through jail authorities on 31.12.2009, which was sent, to the office of District Magistrate Mau, on the same day. The representation was forwarded along-with para-wise comment by the District Magistrate, Mau on 7.1.2010, which was received in concerned section of the State Government on 8.1.2010. Date 9.1.2010 and 10.1.2010 were holiday on account of Saturday and Sunday. The representation was sent to the Advisory Board and to the Central Government alongwith letter dated 11.1.2010 by the State Government and to the Central Government, the representation was sent through speed post on 12.1.2010. The said representation was examined and detailed note was submitted by Under Secretary, Mr. Prem Shanker to the Joint Secretary. The Joint Secretary and Special Secretary examined the representation on 13.1.2010 and thereafter, it was submitted to the Secretary. The Secretary, State of U.P. (Home) Confidential examined it on 14.1.2010 and submitted the same to the higher authorities for final order. The said representation was rejected by the State Government on 15.1.2010. There was holiday on 16.1.2010 and 17.1.2010 on account of Saturday and Sunday. Thereafter, the rejection of the representation was communicated to the Petitioner by radiogram dated 18.1.2010.