MOHAMMED HANIF SAYYED Vs. S RAMAMURTHI

JUDGEMENT

(1.) THE petitioner challenges the order of detention dated 14th January 1991 issued by respondent No. 1 under section 3 (2) of the National Security Act, 1981, hereinafterreferred to as the Act. The grounds of detention were also served on the detenu on the same day i. e. 14-1-1991. It is this order dated 14-1-1991 which has been clamped on the petitioner i. e. the subject matter of this petition.

(2.) EARLIER on 18th of July 1990, it is an admitted position, that respondent No. 1 had issued similar order of detention under Section 3 (2) of the Act against the detenu. However, the State of Maharashtra Respondent No. 2 herein, revoked that order on 11th January 1991 and subsequently on 14th January 1991 issued the impugned order.

(3.) THE petitioner has challenged the impugned order on several grounds. One of the grounds on which he attacks the order is unexplained delay caused in considering his representation both by the State as well as the Central Government and according to him his fundamental right to have the representation expeditiously considered by the authorities concerned has been thereby violated, affecting this continued detention under the impugned detention order. He therefore filed the present petition under Article 226 of the Constitution of India and seeks quashing of the order dated 14th January 1991.