VIDYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner Vidya Singh has been detained by an order dated 12-4-199) passed under s !b-st:ction (2) of Section 3 of the National Security Act. The detention order and grounds of detention were seived on him on 13-4-1991 respectively. The detention order was confirmed by the State Government on 22-4-1991. The petitioner filed a representation against his detention on 24-4-1991. It was rejected by the State Government on 10-6-1991 and the order of rejection was communicated to the petitioner on 11-6-1991.

(2.) Petitioner's involvement in some criminal cases has been relied upon bv the detaining authority, District Magistrate, Gopalganj, for passing the detention order. His involvement in one of such cases. namely. Vijaypur P. S. case No. 43/85, dated 13-11-1986 has been relied upon by the detaining authority in the following terms ;

(3.) Learned counsel for the petitioner has challenged the detention of the petitioner on the following two grounds only. (1) Non supply of the copy of the special report issued on 9-9-1988 relied upon by the detaining authority to detain the petitioner has prevented him from making on effective representation against his detention to the State Government and thus it has infringed bis right granted under Aiticle 22 (5) of the Constitution of India ; (2) undue delay in disposal of petitioner's representation to the State Government has also violated his right granted by Article 22(5).