DNYANESHWAR KISAN BORDE Vs. R D TYAGI

JUDGEMENT

(1.) HEARD all the learned Counsel; Mr.Gavankar for the petitioner, Mrs.Tahilramani for the first three respondents and Mr.Satpute for the fourth respondent.

(2.) THE petitioner is the detenu, who has been detained under the Order passed by the Commissioner of Police, Brihan Mumbai, on 15th April 1996 in exercise of the powers conferred by sub-section(2) of Section 3 of the National Security Act, 1980. The order was served on the detenu on 16th April, 1996. The period of detention being one year, is likely to expire on 15th April 1997. It is not necessary to go into the details of the grounds of detention and the various challenges raised in the petition since, in our view, the petitioner must succeed on the ground made out in Para 5(v) of the Petition. The said ground reads as under :

(3.) IN the light of the above pleadings, Mr.Gavankar for the petitioner has contended that there is unexplained delay at as many as five stages, viz.