RAI SAHAB SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) RAI Sahab Singh has preferred this Habeas Corpus writ petition challenging his continued detention in jail on the strength of the detention order dated 22nd December 1997 of the District Magistrate, Ambedkar Nagar passed under Sections 3 (2) and 3 (3) of the Na tional Security Act, 1980.

(2.) WE have heard learned counsel for the petitioner, learned Government Ad vocate and the learned Standing Counsel for the Central Government and have perused the material placed on the record.

(3.) IT emerges from para 25 of the counter-affidavit of the District Magistrate that the representation of the petitioner dated 8-1-1998 was handed over to the Superintendent, District Jail on 10-1-1998. On 12- 1-1998 the District Magistrate called for para-wise comments on the representation from the Superin tendent of Police, Ambedkar Nagar. Comments of the Superintendent of Police were received by the District Magistrate on 22-1-1998 and thereafter on 31-1-1998 the District Magistrate forwarded the rep resentation to the Government of India, Home Ministry (Internal Security), North Block, New Delhi. According to the af fidavit filed on behalf of Union of India, this representation was received by the Central Government on 10-2-1998. No ex planation is forthcoming from the State why it took 10 days for the Superintendent of Police to send his comments. Similarly, the delay between 12-1-1998 to 22-1-1998 has remained unexplained. IT appears that the representation was dealt with in a most casual manner and was not given immedi ate attention. We are at a loss to under stand why, if the comments of the Superin tendent of Police were received by the District Magistrateon 22-1-1998, the rep resentation still remained lying with the District Magistrate till 31-1-1998. IT is also not known what happened, therefor, be tween 31-1-1998 and 10-2-1998. The dates mentioned above make it clear that there has been lot of unexplained delay at the level of the District Magistrate in trans mitting the representation to the Central Government.