MORAD ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) M. C. Jain, J. Through this petition the petitioner has challenged the detention order dated 29-1-2002 passed against him by Respondent No. 3 District Magistrate, Bijnor under Section 3 (2) of the National Security Act, 1980 and his detention thereunder. The grounds of detention are contained in Annexure 2 to the writ petition, that on 7-12-2001 at about 9. 30 p. m. 98 bundles wire weighing 12 quintals were recovered from the possession of petitioner loaded on Canter No. UP 20 D 1685. The recovered wire related to number of thefts from different places on 15/16-6-2001, 19/20-6-2001, 23/24-11-2001 and 1/2-12- 2001. The wire was meant and was being utilized for supply of electricity. The thefts had been committed by cutting wire from different places, disrupting electric supply. The petitioner was an accused in these cases. The detention order was passed on the ground that the act of the petitioner was prejudicial for maintenance of supply of electricity.

(2.) THE counter and rejoinder affidavits have been exchanged.

(3.) WE find that there was no delay in the decision of representation at the level of Central Government either. It is noted from the affidavit of Virender Kumar Gupta filed on behalf of the Union of India that the representation of the petitioner was received in the Ministry of Home Affairs on 20-2-2002 and on the concerned desk of Ministry of Home Affairs on 21-2-2002. Final decision to reject the same was taken by the Central Government in the Ministry of Home Affairs within three days of its effectively becoming available for consideration. The petitioner was informed of the decision of the Central Government through quickest mode of communication i. e. by crash wireless message on 25-2-2002. In this view of the matter, there has not been any indifference or lapse on the part of Union of India also in considering and deciding the representation of the petitioner expeditiously.