JUBENOOR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This habeas corpus petition has been filed by the detenu challenging the order of detention dated 18.4.2002. The facts in brief are that the petitioner-detenu was arrested on 8.3.2002 and afterwards on 18.4.2002 he was served in jail with a detention order No. CON/NSA/41/2002 dated 18.4.2002 alongwith the grounds of detention passed by the Special Secretary to the Government of Nagaland in the name of Governor of Nagaland in exercise of powers conferred by sub-section (1) and (2) Section 3 of the National Security Act, 1980. The grounds of detention as mentioned in the aforesaid order dated 18.4.2002 are as follows:

(2.) The respondents have filed affidavits in opposition. The State Government in its affidavit in paragraph 10 has explained the delay stating that - "the representation dated 15.5.02 of the detenu was received by the Home Department on 27.5.02 and after due examination at various levels it was disposed of on 3.6.2002 i.e. within a week time". However, the affidavit filed by the State Government does not explain as to why there was delay in forwarding the representation of the detenu when it was made on 15.5.2002 till 27.5.02. We do not find any explanation except the statement that the representation dated 15.5.02 received by the Home Department on 27.5.2002 was examined at various levels and disposed of on 3.6.02.

(3.) In the counter affidavit filed by the Under Secretary to the Government of India it was stated that the representation dated 15.5.02 of the detenu was received by the Central Government on 31.5.02 through the Government of Nagaland and Office of the Sr. Superintendent, Central Jail, Dimapur and it was put up on 31.5.02 before the Joint Secretary, Ministry of Home Affairs. Thereafter the Unin Home Secretary considered the case of the detenu and rejected the representation of the detenu on 3.6.2002.