DATTATRAY SAKHARAM KHADE Vs. GYAN CHAND VERMA

JUDGEMENT

(1.) :

(2.) HEARD Mr. P.K. Dhakephalkar for the petitioner (detenu), Mr. Rajiv Patil, Additional Public Prosecutor for respondent nos.1, 2 and 4 and Mr. J.C.Satpute for Respondent no.3. By means of this writ petition preferred under Article 226 of the constitution of India, the petitioner (detenu) impugns the order dated 12-5-1995 passed by the Commissioner of Police, Pune in (respondent no.1) in exercise of the powers vested in him under section 3(2) of the National Security Act, detaining him (detenu) under the aforesaid Act.

(3.) GRIEVANCE of Shri P.K.Dhakephalkar, learned counsel for the petitioner is two-fold. He firstly contended that the period of one week i.e. from 4-9-1995 to 11-9-1995, was far far too long for the Senior Police Prosecutor to prepare his comments. He secondly contended that there was absolutely no necessity for the office of the respondent no.1 to have waited for a full one week, for the return of Shri Verma, commissioner of Police, who had passed the detention order to return to Bombay. He contended that as a matter of fact, there was no question of sending the papers to Shri Verma because on 11-9-1995, in place of Shri Verma, there was a Commissioner of Police at Pune itself. In the contention of Shri Dhakephalkar, this inordinate delay in consideration of the petitioner's representation by Union of India has rendered the petitioner's continued detention violative of his fundamental right under Article 22(5) of the constitution of India.