GAFOOR KHAN NARU Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS habeas corpus petition is by Shri Gafoor Khan who is the father of the detenue Yusuf Khan Naru. The said detenue has been detained under an order dated July 12, 1991 passed by respondent No. 1 Joint Secretary to the Govt, of India, the Detaining Authority.

(2.) THE aforesaid detention order is challenged by the petitioner on the grounds : (1) that the detenue has been denied an opportunity to make an effective representation because copies of the important papers whereupon the detaining authorities placed reliance which were supplied to the petitioner are not legible. Most of the documents are not in a position which may be read even by any common person; (2) there is delay in disposal of the representation made by the detenue and the representation was not even disposed of till the petition was filed and the delay in disposal of representation has not been reasonably explained. As we are inclined to allow this petition on the aforesaid two grounds it is not necessary for us to refer to the other grounds on which also the detention order has been challenged.

(3.) CONSEQUENTLY, we allow the Habeas Corpus petition and quash the detention order and direct that the delenue Shri Yusuf Khan S/o Shri Gafoor Khan Naru shall be released forthwith, if not required in any other case. .