LAWS(MPH)-1993-4-44

KAMLABAI Vs. COMMISSIONER OF POLICE

Decided On April 30, 1993
KAMLABAI Appellant
V/S
COMMISSIONER OF POLICE Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is filed by one Smt. Kamlabai wife of detenu Harichand Dhawade who was detained under section 3(2) of the National Security Act by an order dated 1.5.92. The detenu made a representation on 11.5.92 to the Advisory Board and requested the jail authorities to send the copies to the State Government and the Central Government. The Advisory Board rejected the representation and it reported that there was sufficient cause for detention. The State Government confirmed the order of detention for a period of one year on 17.6.92. A writ petition filed by the appellant was dismissed by the High Court. Hence the present appeal.

(3.) THE delay by itself is not a ground which proves to be fatal, if there is an explanation. However, the short delay cannot be given undue importance having regard to the administrative actions. We do not think that the delay in this case is so inordinate as to warrant interference.