KUNI DORA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this application for habeas corpus, the wife of the detenu Sri Sanyasi Dora alias Tukuna Dora seeks the quashing of the detention of her husband by order, dated 19. 11. 83, passed by the District Magistrate, Cuttack, opposite party No. 2, in exercise of powers conferred on him under Section 3(2) of the National Security Act, 1980, by notification of the Home Department dated 31. 10. 83. In paras 2, 3, 4 and 5 the facts of the case hare been stated by the Court. After stating the facts, Their Lordships observed : 6. The detenu made a representation on 30. 11. 83. The same was disposed of by the Government on 15. 1. 84, i. e., on the 46th day. The span is long enough. Unless explained, the delayed disposal would by itself render the continued detention illegal. 7. In the course of argument it has been submitted by MT. Patra, the learned Additional Government Advocate on behalf of the opposite parties, that this ground has been for the first time taken in the rejoinder and in course of argument. There is no pleading in the original writ petition in support of it. So we should not entertain any submission on the ground of delay in the disposal of the representation. 8. In our opinion, it is now too late in the day to repel the attack on the ground of absence of pleadings. We draw attention to the case of Smt. Icchu Devi Choraria v. Union of India and Ors. 1980 (4) S. C. C 531. Bhagwati, J., observed :