BARMESHWAR NATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE Petitioner has been detained under the National Security Act, 1980 (hereinafter referred to as 'the Act ') by the District Magistrate, Bhojpur, Ara vide order dated (sic).12.1997 in NSA Case No. 1 of 1997. The order was approved by the State Government on 31.12.1997 and in course (sic) time confirmed on 5.12.2002, communicated to the Petitioner on 11.12.2002. The Petitioner seeks quashing of these orders and his release.

(2.) THE facts of the case relevant for disposal are as follows. The impugned order of detention along with the grounds was served on the Petitioner while he was in judicial custody in connection with Gandhi Maidan (Patna) Rs. Case No. 237 of 2002 at Adarsh Central Jail, Beur, Patna, on 11.10.2002. The Petitioner filed representation against detention on 3.12.2002. No order was passed thereon. Meanwhile, the detention was confirmed, as indicated above, on 5.12.2002.

(3.) LEARNED Standing Counsel appearing for the State submitted that as the representation of the Petitioner has not been decided by the Government, direction may be issued to it to do so. We are afraid, we cannot give this latitude to the Government. If expeditious decision on representation is a constitutional right of a detenu, it would follow that any such liberty to the Government would amount to giving premium to its inaction and condoning a grave lapse on its part. There are decisions to the effect that in the absence of an adequate explanation even few days ' delay has been held to be fatal. In that view of the matter, we are unable to accede to the request of the learned Standing Counsel and permit the State Government to consider and decide the representation at this stage.