LAWS(P&H)-1992-8-98

DILAWAR SINGH Vs. STATE OF HARYANA

Decided On August 20, 1992
DILAWAR SINGH Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) CRIMINAL Writ Petitions Nos. 1192 of 1991 to 1192 of 1991, 1201 of 1991 to 1201 of 1991 and 76 of 1992 will be disposed of by this judgment, as they involve common questions of law and fact and were also heard together.

(2.) IN these Writ Petitions, the detenus were detained by the District Magistrates of various Districts of Haryana State with a view to preventing them from acting in any manner prejudicial to the maintenance of public order. Together with the orders of detention, Grounds of Detention were conveyed to the detenus. These are the orders of detention which have been challenged in these Writ Petitions. It is not necessary to make a detailed reference to the various averments made in these petitions or in the replies filed by way of affidavits, as the said petitions must succeed on short point.

(3.) IT is not disputed by learned Advocate General, appearing for the respondent-State that the reports of the State Government were received by the Central Government after a period of seven days was over. According to him, the obligation of the State Government under Section 3(5) of the Act is only to send the report to the Central Government within seven days and it is not necessary that the report should be received by the Central Government within the said period. In these cases, the letters containing the reports were sent by the State Government within seven days, though they were received by the Central Government beyond a period of seven days and, therefore, according to the learned consel appearing for the State the provisions of section 3 (5) stand duly complied with.