TIMMI ALIAS SUKHDEEP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) SINCE 11 -5 -1992, the petitioner is suffering detention under the National Security Act, for short, the 'Act', when an order was passed by District Magistrate, Gwalior under Section 3(3) of the said Act. Petitioner came to this Court assailing his detention on 14 -8 -1992, but return came from the respondent on 24 -11 -1992.

(2.) RIGHTLY and forcefully, Shri Gupta has submitted that even the long road on which the respondent travelled from Bhopal to Delhi via Gwalior, brought nothing to this Court through the return. The contention pressed indeedis a short one and that is substantial and forceful. The only contention raised and we decide today to dispose of the petition is based on Sections 3(5) and 14(1) of the Act. That mega -contention is sought to be muted by micro -objection by Shri Roman, contending that Union of India not being made a party, the petitioner is disabled in relying on the provisions cited to derive any benefit therefrom. A few words, we propose to say about that objection first as we have found that meritless.

(3.) IN our view, that averment leads the respondent nowhere. The mere fact that the State Government had 'sent' its report without specifying even when that was done, how that was done and when that reached the Central Government, renders the plea innocuous, baseless and ineffective. Indeed, had the Central Government been made a party, it could have enlightened the Court as to the action taken on the report or even made the position clear on fact as to whether within the specified time the report duly reached that Government. But, that does not alter the position even little bit in so far as it concerns the failure of the State Government to discharge its own duty to satisfy the Court that within the specified time, the report did reach the Central Government. Whether or not any action was taken thereon by the Central Government is another matter. Weare, therefore, not at all satisfied that merely on the ground of non -impleadment of Central Government, the petition fails or even the iron -clad contention fails.