GARIBULLAH Vs. STATE OF U P

JUDGEMENT

(1.) IN these four writ petitions under Article 226 of the Constitution the petitioners have challenged the order of their detention dated 29th September, 2002 passed by the District Magistrate, Basti under Section 3 (2) of the National Security Act,1980 (for short the Act ).

(2.) SINCE in all these petitions the impugned order of detention is based on similar accusation and pleadings of the parties are also similar and identical to each other, they were heard together and are being disposed of by this common order.

(3.) ALTHOUGH the impugned order of detention has been challenged on several grounds, but Sri I. M. Khan, learned Counsel for the petitioners, during the course of submission urged two points only. Firstly, that the representation of the petitioners though sent to the Central Government by the detaining authority along with its comments has not been disposed of and on that ground petitioners detention is vitiated. Secondly, that there is inordinate delay in the disposal of the presentations by the State Government which has not been properly explained. On the other hand, learned Additional Government Advocate, opposed the prayer and submitted that since the representation were not addressed to the Central Government, it has rightly not been considered and disposed of and the delay has sufficiently been explained.