MOHD YUSUF ALIAS MUNDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Sri Krishna Kumar Singh learned Counsel for the petitioner, Sri S. K. Singh learned Counsel for the State and its authorities and Sri B. B. Saxena, learned Counsel for the Union of India.

(2.) THIS habeas corpus petition is directed against the detention order dated 26-5-2002 passed by District Magistrate Gonda, under Section 3 (2) of National Security Act, 1980 and also against the continued detention on the basis thereof.

(3.) HIS second contention is that the representation dated 6-6- 2002 given to the State Government against the detention order and against the continued detention was not disposed of with all possible promptitude and there was unexplained delay in disposal of the representation. According to him, the representation dated 6-6-2002 reached the District Magistrate on the same date, but he unnecessarily wasted time upto 10-6-2002 by call upon the report from the sponsoring authority namely, the police. HIS submission is that calling for the comments or report from the sponsoring authority was not required as all the material was before the detaining authority. He says that time consumed by the District Magistrate in calling for the comments of the sponsoring authority on the representation dated 6-6-2002 cannot be excluded. He has cited Sant Singh v. Distt. Magistrate, Varanasi and others, 2000 (1) JIC 438 (All ). In Sant Singh's case this Court has taken a view that calling for report from the sponsoring authority is a lame excuse and the same cannot be permitted to waste the time in processing of the disposal of the representation.