ZAMIR AHMAD Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) By means of this Habeas Corpus petition, the petitioner, Zahir Ahmad has challenged his detention order dated 6-4-1999 passed by respondent No. 3, District Magistrate, Rampur under Section 3(2) of the National Security Act and his continued detention thereunder.

(2.) We have heard Sri D. S. Mishra and Sri N. I. Jafri, learned counsel for the petitioner, Sri Mahendra Pratap Singh, learned A.G.A. and Sri N. K. Pandey, learned counsel representing Union of India, respondent No. 1.

(3.) Learned counsel for the petitioner has challenged the continued detention of the petitioner as illegal on the ground of inordinate delay on the part of the Central Government in deciding the representation of the petitioner. Learned counsel for the petitioner submitted that the representation of the petitioner was sent on 18-4-1999 by the Jail Superintendent, Rampur, and the same was admittedly received by the Central Government on 21-4-1999. On the basis of the said representation filed by the petitioner, Central Government required certain vital information from the State Government through a crash wireless message on 22-4-1999 and the same was made available to the Central Government on 31-5-1999. The case of the petitioner was put up before the Joint Secretary, Ministry of Home Affairs, New Delhi on 2-6-1999. The Joint Secretary considered the case and put up the same before MOS(H), Government of India on 2-6-1999. The MOS(H) duly considered the case of the detenue and rejected the representation of the petitioner on 3-6-1999. Learned counsel for the petitioner submitted that in the counter-affidavit there is no explanation regarding delay in deciding the representation of the petitioner, as such continued detention of the petitioner is illegal and he is entitled to be released from detention.