SHANKER BARASIA Vs. UNION OF INDIA

JUDGEMENT

(1.) VISHNU Sahai, J. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner-detenu Shanker Barasia has impugned the order dated 31st July, 2002 passed by the second opposite party Mr. Alok Kumar, District Magistrate, Faizabad detaining him under Section 3 (2) of the National Security Act. The detention order, along with the grounds of detention, which are also dated 31st July 2002 was served on the petitioner-detenu on 31st July 2002 itself and their true copies have been filed as Annexures 1 and 2 respectively to this writ petition.

(2.) WE have heard learned Counsel for the parties. In our view, this writ petition deserves to succeed on the basis of the averments contained in paragraphs 7 and 9 of the return of Mr. Ramesh Kumar, under Secretary, Ministry of Home Affairs, Government of India, New Delhi. A perusal of paragraph 7 of the return makes it manifest that the petitioner-detenu's representation was rejected by the Union Home Secretary (who had been delegated powers by the Union Home Minister to decide it) on 22nd August 2002. A perusal of paragraph 9 would show that the petitioner-detenu was informed of the decision of the Central Government through a crash wireless message dated 2nd September, 2002 through the Home Secretary, Government of Uttar Pradesh and Superintendent, District Jail, Faizabad. This message was followed by a letter. A perusal of paragraphs 7 and 9 would thus, make it clear that between the rejection of the petitioner- detenu's representation by the Union Home Secretary and its communication to he petitioner-detenu, there ws an inordinate time lag of eleven days.

(3.) IN our view the said delay is in violation of the ratio laid down in Harish Pahwa's case (supra) and renders the continued detention of the petitioner-detenu illegal in law.