GULAM SARWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has applied under Article 220 of the Constitution of India, read with Section 491 of the Code of Criminal Procedure, praying, that, a writ in the nature of habeas corpus be issued, quashing an order of his detention, dated the 17th March, 1972, and setting him at liberty. THEre are three respondents in this case and the learned Advocate General has appeared for them.

(2.) THE relevant facts may be stated as follows. THE petitioner was arrested on the 17th March 1972 at Patna at 11-55 p. m. THE arrest was by virtue of an order passed by the Governor of Bihar, in exercise of the powers conferred by Section 3(1)(a)(ii) and Section 5 of the Maintenance of Internal Security Act, 1971 (Central Act No. 26 of 1971). THE petitioner had been handed over an order of detention, with a Hindi translation of the same at the time of his arrest, and a copy of the order in English has been given as Annexure 1 to the writ application. THE petitioner was taken to the Central Jail, Hazaribagh, and he reached there in the morning of the 18th March. It is said, that, the petitioner was served with a copy of the grounds of detention on the 23rd March at 7.50 a. m., while he was in detention at Hazaribagh, A copy of the same has been appended as Annexure 2. THE petitioner has alleged in this application, that, the grounds of detention served on him do not come within the purview of Section 3 of the Act. It is alleged, that, the petitioner's detention, in pursuance of the order, dated, the 17th March, 1972, was void, illegal and violative of the guarantees of personal liberty, as the grounds of detention had been served on him on the 23rd March, 1972, without recording reasons for the delayed service of the grounds. Many .other grounds have been taken in the writ application, contending, that the petitioner's detention is illegal, but, it is not necessary to refer to any other aspect of the matter, in view of the contentions raised in this Court. A counter-affidavit was filed on the 10th May, 1972, on behalf of the respondents, alleging the following. It is mentioned, that, the grounds of detention were issued on the 22nd March and sent through a special messenger to Hazaribagh the same day for being served on the petitioner. As the messenger reached Hazaribagh late in the night, of the 92nd March, the grounds were served on the petitioner on the 23rd March at 7-50 a. m. In this counter-affidavit a further statement was made as follows:

(3.) FOR the reasons given above, we hold that, the detention of the petitioner is illegal. The rule is, therefore, made absolute, and the petitioner is directed to be released forthwith, unless he is required to be detained in any other connection.