HARI SHANKER SINGH Vs. SUPERINTENDENT DISTT JAIL

JUDGEMENT

(1.) .

(2.) BY means of this petition the petitioner has prayed for quashing his detention which has been made on the basis of an order dated 5 -3 -1985 passed by the District Magistrate, Azamgarh under Section 3 of the National Security Act, 1980. Besides other grounds in the petition challenging the validity of the order of detention, only two grounds have been pressed which are sufficient enough for the disposal of this petition. In order to appreciate the two grounds as canvassed it is imperatively expedient to notice few facts.

(3.) FURTHER whenever an unreasonable delay occurs as is reflecting in the instant case in making the order of detention, adequate reasons must be given by the detaining authority explaining such delay. However, instantly the District Magistrate Azamgarh has utterly failed to explain the delay. A perusal of the counter -affidavit filed by the District Magistrate, Azamgarh would evidently reveal that action was taken by him on the basis of the report of one Sri Ram Adhar Misra, Station Officer of Police Station, Raunapar, dated 4 -3 -85 wherein the copies of first information report of the two incidents enumerated in the ground of detention were also enclosed. But nowhere the reason as to how the delay has been occasioned has been explained by the District Magistrate, Azamgarh. It may appear incomprehensivable that for the incidents alleged to have occurred as early as March 1984 and June, 1984 a detention order would be passed as late as in March 1985 that is after a lapse of several months. For this delay no explanation is forthcoming from the side of the respondents. In view of the absence of an explanation much less a cogent or satisfactory one, the order is unsustainable.