ANAMUL HAQUE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The facts of the case as alleged by the petitioner is that - on 8.3.2002 when the petitioner was standing near the Public Call Office of Jubenoor Hussain the security personnel came and arrested him. A police case (PS Case No. 6/2002) (GR No. 126/ 2002) was registered against the petitioner under Section 120-BIPC read with Section 25(1)(a) of the Arms Act, 1959. When the petitioner was in custody in regard to the aforesaid case a detention orders has been issued by the State on 18.4.2002 in exercise of the powers conferred by sub-section (2) of Section 3 of the National Security Act, 1980. The petitioner was served with the ground of detention on 18.4.2002 itself. The grounds of detention contained in the said order are -

(2.) The petitioner has submitted a representation against the grounds of detention to the Sate Government on 6.5.2002. The representation submitted by the petitioner on 6.5.2002 was disposed of by order dated 20.5.2002 (Annexure-6 to the writ petition) whereunder the representation made by the petitioner was rejected. Thereafter, a final order of detention was issued on 28.5.2002 (Annexure-8 to the writ petition) in exercise of the powers conferred by sub-section(1) and (2) of Section 12 of the National Security Act, 1980.

(3.) In spite of several opportunities given to the State Respondent no counter has been filed controverting the allegations made in the petition. Thus we can safely presume that the facts stated in the petition to be correct and the petitioner submitted a representation on 6.5.2002 and the same has been decided by the order dated 28.5.2002. It is submitted by the learned counsel for the petitioner that there was an inordinate delay in deciding the representation made by the petitioner and there is no explanation coming forward for the delay in deciding the representation made by the petitioner.