SHAUKATALI FAIYAZ KHAN Vs. R D TYAGI

JUDGEMENT

(1.) THIS petition under article 226 is filed by the father of the detenu Hajarat @ Barkya Shaukatali Khan for issuing a writ of habeas corpus quashing the order of detention dated 21st September, 1996 passed by the first respondent, Commissioner of Police, Mumbai under section 3 of the National Security Act, 1980. The circumstances leading to the detention of the detenu are elaborately stated in the grounds of detention annexed at exhibit "C" to the petition. We do not feel it necessary to recapitulate the allegations contained in the grounds of detention since we are inclined to allow the petition on a short ground, namely, that there was undue delay in disposing of the representation made by the detenu to the Central Government.

(2.) MR .Muzumdar, learned counsel for the petitioner has urged that the detention order stands vitiated on account of the fact that there was inordinate delay on the part of the respondent No.3 (Central Government) in considering the representation addressed by the detenu. Mr.Muzumdar urged that in view of the decision of the Apex Court rendered in Kundanbhai Dulabhai Shaikh vs. District Magistrate, Ahmedabad {(1996) 3 SCC 194}, an obligatory duty is cast on the authorities to consider such representation at the earliest. Mr.Muzumdar urged that the delay caused in considering the detenu's representation has fatally affected the order of detention and, therefore, his continued detention has become illegal.

(3.) GROUND (Y) has been replied to by Mr.Rohtas Singh, Under Secretary, Ministry of Home Affairs, Government of India, New Delhi as follows :