S NAQUI IMAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ application has been filed for issuance of a writ of habeas corpus. Learned Counsel for the petitioner and the respondents have been beard at length.

(2.) The petitioner was detained on 3 -2 -1990 under Section 12(2) of the Bihar Control of Crimes Act, 1981 (in short 'the Act'). The order of detention is dated 11 -12 -1989 (Annexure '2'). The grounds and reasons for detention are contained in Annexure '3', which is also dated 11 -12 -1989.

(3.) It transpires from the records of the case that the detention of the petitioner has been approved by the State Government as well as by the Advisory Board. In Paragraph No. 19 of the writ petition, it has been stated that the petitioner had filed a representation before the State Government on 22 -2 -1990 but the same has been rejected on 30 -3 -1990 after about 37 days and there is no reasonable explanation for the undue delay caused in the disposal of the representation. In the counter -affidavit, the respondent State has tried to make futile efforts to explain the delay. The explanation is far from being satisfactory In the counter -affidavit, it has been admitted that the representation of the petitioner was received by the State Government on 22 -2 -1990 and the same was sent for comments to the District Magistrate and the comments of the District Magistrate were received on 19 -3 -1990. Thereafter the representation of the petitioner was rejected on 29 -3 -1990 and communicated to the petitioner on 30 -3 -1990. There is absolutely no explanation as to why a period of 25 days was taken in getting the comments of the District Magistrate.