KESHAB MAHANTA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Habeas Corpus petition has been filed by the detenue challenging an order of detention dated 8th August, 2002 passed by the District Magistrate, Sibsagar under Section 3(3) of the National Security Act, 1980.

(2.) THE facts in brief are that the detenue Sri Keshab Mahanta alias Niranjan Barthakur alias Arpan Saikia was arrested by the police and while the detenue was lodged in jail, the order of detention dated 8th August, 2002 issued by the District Magistrate, Sibsagar along with the grounds of detention were served on the detenue. The grounds of detention as set out by the detaining authority are as follows : -

(3.) THOUGH a number of grounds have been pleaded in support of the challenge made as against the order of detention, at the time of hearing of the case, the learned counsel has confined his arguments to one solitary issue. Learned counsel contends that the materials on record make it abundantly clear that the representation dated 20.12.2002 filed by the defence was received by the competent authority of the State government on 24.12,2002 and orders were passed by the said authority, on 20.1.2003 requiring the representation filed. It is argued that no explanation whatsoever has been offered by the State respondents for the inordinate delay in disposal of the representation submitted by the detenue. Relying on a judgment of the Apex Court in the case of Aslam Ahmed Zahire Ahmed Shaik v. Union of India and Ors., reported in (1989) 3 SCC 277 as well as a judgment of this Court in the case of Jubenor Hussain v. Union of India and Ors., reported in (2003) 1 GLR 596, learned counsel has argued that the unexplained and inordinate delay in disposal of the detenue's representation has infringed the Constitutional guarantee enshrined under Article 22(5) of the Constitution and that the detention order dated 8th August, 2002 is liable to be set aside on the aforesaid ground alone.