MALEKA Vs. J F RIBERRO

JUDGEMENT

(1.) IN this writ petition the wife of the detenu has challenged the order of detention issued by Coo, missioner of Police, Bombay dated 21st of August 1984 under the provisions of the National Security Al t on various grounds It is an admitted position that in pursuance of the said order of detention the detenu was actually detained on 25th of August 1984. The detenu initially did not accept the order of detention or the grounds of detention. However, subsequently from the Jail he asked for copies of the same and they were supplied to him. It is not necessary to make a detailed reference to the various averments made in the petition, since in our view the detenu is entitled to be released on a short ground that the provisions of section 10 of the National Security Act were not complied with. 1 his position becomes very clear from the affidavit filed by the Desk Officer, Home Department (SPECIAL) Mantralaya, Bombay. It is an admitted position that the detenu was actually detained on 25th of August 1984. According to the Desk Officer reference to the Advisory Board was made on 17th September 1984. If the days are counted from 25th August 1984 then obviously 17th September 1984 is beyond three weeks from the date of detention. This position could not be disputed by the learned Public Prosecutor Shri Vyas. Therefore for the non compliance of the mandatory provisions of section 10 of the Act. the continued detention of the detenu must become illegaL IN this view of the matter it is not necessary to consider any other contentions raised and argued before us.

(2.) IN the result, therefore, the Rule is made absolute and the detenuis directed to be released forthwith, if not required in any other case. Detention set aside.