HAMID ALI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr.Ph.Sanajaoba, learned counsel for the petitioner, Mr.R. S. Reisang, learned GA for the State respondents and Mr.C.Kamal, learned CGSC for the Union of India.

(2.) This writ petition has been filed challenging the legality of the detention order dated 7.6.2008 with regard to the detention of the detenu, Md.Anwar Shah who has been detained under the National Security Act, (NSA). It is also stated that representations have been submitted to both the State respondents and the Central Government. The only ground for challenging the detention order is the delay in disposal of the representation of the detenu. Upon calculating the delay from the date of submission of representation, a total period of 108 days has arisen in disposal of the representation of the detenu. The learned counsel for the petitioner has also relied upon the decision of this Court dated 6/2/2009 in WP (Cril) No.71 of 2008. The said judgment and order dated 6/2/2009 has set aside the detention order on the failure of the State Government and allegation about inordinate and unexplained delay in transmitting the parawise comment as regards the said representation.

(3.) Counter on behalf of all the respondents have also been filed. We have perused the pleadings and the documents filed.