SONALI VILAS GHAG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER Smt. Sonali is the wife of the detenu Vilas Ghag, who has been detained under the National Security Act by an order dated 12-5-1992 issued by the 2nd respondent. The order was served on the detenu on the same day and he has been committed to the Nasik Road Central Prison. The petitioner impugns the said order of detention by way of this writ petition.

(2.) MRS. Ansari, the learned Counsel appearing for the petitioner, contends that in the instant case even though the order of detention and the order of committal were served on the detenu on 12-5-1992, the grounds of detention and the compilation annexed thereto were not served upon the detenu till 17-5-1992, on which day it was served on him. She, therefore, submitted that the grounds of detention have been furnished beyond the period of 5 days permitted by the National Security Act which has vitiated the right of the detenu to make an effective representation and, therefore, prays that the detention order be quashed and set aside.

(3.) IN reply to this contention, the detaining authority Mr. Ramamurthi, the then Commissioner of Police, Greater Bombay, has, in paragraph 9 of his affidavit in reply, stated as follows: