BUTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Buta Singh alias Buti has been detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The detention order dated July 8, 1986 (Annexure P-1) was passed by the State Government in pursuance of which the petitioner was taken into custody on September 3, 1986. The detention order was subsequently confirmed on February 25, 1987 (Annexure P-2). In this petition the detention order (Annexure P-1) and the confirmatory order (Annexure P-2) have been assailed.

(2.) The detention of the petitioner has been primarily questioned on the ground that his representation was not decided properly and the delay in the disposal of the same has not been adequately explained.

(3.) The Supreme has in a large number of cases that the delay in the disposal of the detenu's representation, which has not been sufficiently explained, is by itself a sufficient ground for holding order of detention illegal. In Frances Coralie Mulin v. W.C. Khambra and others, 1980 AIR(SC) 849, it was held that in a case of preventive detention the detenu has not been found guilty of any offence under the law and in such circumstances his representation against the detention should receive the attention of the Government with utmost promptitude. The dictim in Abdus Sukkur v. State of West Bengal, 1972 AIR(SC) 1915, is that the fact that earliest opportunity has to be granted to the detenu for making a representation against the order of detention necessarily implies that as and when the representation is made it should be dealt with promptly. It was observed that the object underlying Article 22(5) of the Constitution would be defeated if the authority concerned does not pay prompt attention to the representation submitted by the detenu.