N K BAPNA Vs. UNION OF INDIA

JUDGEMENT

(1.) I agree with the order proposed by Batabyal, J. in his judgment appearing hereinafter. In Criminal Jurisprudence we used to say that the accused shall not go free simply because the police has bungled. In matters relating to preventive detention, however, any unexplained delay made by the detaining authorities in passing the order of detention, in executing the same and in considering the representations made by the detenu, makes the order of detention vulnerable. One may resent the position in law that even though the order of detention is otherwise fully justified and even direly necessary, the order shall fall through because of such delay, whether made motivatedly or through callous indifference or inadvertence. But the position has got to be accepted in view of the ratio of the several decisions of the Supreme Court referred to by my learned brother in the judgment hereinafter appearing. In the case at hand the delay in making the order, in executing the order and in considering the representations of the detenu-petitioner, has not been satisfactorily explained, as pointed out in appreciable details by my learned brother. The order of detention is, therefore, no longer sustainable and must be struck down.

(2.) We accordingly allow the writ petition, quash the order of detention and direct that the detenu-petitioner be released from detention forthwith.

(3.) N. K. BATABYAL, J. :- The petitioner, Shri N. K. Bapna has filed this petition under Art. 226/227 of the Constitution of India for the issue of a writ of Habeas Corpus for his release from detention by virtue of an order dated 1/01/1992 issued by Shri Mahendra Prasad, Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue under S. 3(1) of the COFEPOSA Act, 1974 as amended and other reliefs.