NALLA GOVINDA RAO Vs. DIST MAGISTRATE KORAPUT

JUDGEMENT

(1.) The petitioner, who has been detained under the provisions of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980 (hereinafter called 'the Act'), has filed this writ application seeking relief in the nature of habeas corpus and for quashing the order of his detention.

(2.) The main thrust of the argument of the learned counsel for the petitioner is that on account of non-compliance of the procedural safeguards prescribed for the detenu in reporting the fact of his detention to the Central Government within the prescribed time limit, the order of detention cannot be maintained.

(3.) The relevant facts which are undisputed are as follows : The District Magistrate, Koraput, passed the order of detention of the petitioner under S.3(2)(a) of the Act on 21-12-1985 and reported the matter to the State Government on the next day. The necessary order of approval of the Minister was made on 28-12-1985 and the same was signed and authenticated by the Secretary of the concerned Department of the State Government on 30-12-1985. It can, therefore, be safely said that the order of detention was approved by the State Government on that day, i.e. 30-12-1985. As provided under sub-s.(3) of S.3 of the Act, where the order of detention of the detaining authority is to remain in force only for a period of 12 days from the making thereof unless in the meantime it is approved by the State Government. The relevant provision on which the argument is based is contained in subs.(4) of S.3 of the Act and is quoted hereunder : "When any order is made or approved by the State Government under this section or when any order is made under this section by an officer of the State Government not below the rank of Secretary to that Government specially empowered under sub-s. (1), the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order." From the above provision it is manifest that the State Government has a legal obligation to report the fact of detention of any person to the Central Government together with the grounds of detention, etc., within seven days. Although there was some dispute as to whether the period of 7 days prescribed in sub-s. (4) for reporting the matter to the Central Government was to commence from 21-12-1985 or 30-12-1985, in my opinion it was rightly contended by the learned Additional Government Advocate that in view of the Rules of Business of the State Government, it was signed by the Secretary concerned as provided under R. 12 of the Rules of Business.