FAINJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution for a writ in the nature of habeas corpus, the petitioner challenges the detention of his son Noor Mohammed under the National Security Act, 1980 (here in after to be referred to as 'the Act' or 'N.S.A.').

(2.) NOOR Mohan med (here in after also referred to 'the detenu') was arrested by the Police, Jodhpur on March 18, 1987 in a proceeding under Section 107/151, Cr.PC. and was lodged in Central Jail, Jodhpur. While he was in Central Jail, Jodhpur, on March 19, 1987 an order, issued by the District Magistrate, Jodhpur, was served on him communicating to him that he was detained under Section 3(2) of the Act. On March 21, 1987, grounds of detention enumerated in Annexure -2 were communicated to him with the letter Annexure -1. The State Government approved the order of the District Magistrate on March 28, 1987. The detenu made representation to the State Government against his detention. His case was also put before the Advisory Board. The State Government rejected his representation on May 13, 1987 by order Annexure -4 and fixed the period of twelve months for his detention.

(3.) IN the return filed by the respondents, the facts were admitted, but it was denied that the fact of the arrest of the detenu and his being in jail on March 19, 1987 was not taken into consideration by the Detaining Authority. It was submitted that the fact of the arrest of the detenue was taken into consideration and the dentention order was passed, keeping in view the fact that the detenu was arrested in a proceeding under Section 107/151, Cr. PC and the possibliiy of his being immediately released on bail. As regards the non -compliance of the provisions of Section 3(5) of the Act, the stand taken was that the report was sent to the Central Government by the State Government on April 2, 1987 by a registered post. It was, no doubt, received by the Central Government on April, 6 1987. Section 3(5) of the Act does not lay down that the report should be received by the Central Government within seven days of the date of approval. It was, also, alleged that the activities of the detenu were not only creating a problem of law and order, but also of public order.