1985 (11) TMI 228 - SC - Indian Laws

Summary

Issues involved: Detention under National Security Act, delay in disposal of representation by Central Government.

Detention under National Security Act: The appellant was detained under the National Security Act, 1980, with the order of detention passed by the District Magistrate and subsequently approved by the Government of Uttar Pradesh. The appellant made representations invoking Section 14 of the Act to various authorities, including the President and the Prime Minister. The Central Government rejected the appellant's representation after a significant delay, leading to the challenge of the legality of further detention.

Delay in disposal of representation by Central Government: The main contention was the delay of 75 days in the Central Government's disposal of the appellant's representation, which was not disputed. The representations were received by the President's and Prime Minister's Secretariats in March but reached the Ministry of Home Affairs in May. The Additional Solicitor General argued that the delay was due to the representations not being addressed directly to the Ministry of Home Affairs. However, the Supreme Court found the delay unjustified, emphasizing the need for prompt consideration of such representations. Citing previous judgments, the Court highlighted the importance of timely review of representations against preventive detention, ultimately ruling in favor of the appellant and ordering his immediate release.