9911796707
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Issues:
Challenge to validity of detention under National Security Act, 1980. Delay in forwarding representation to Central Government affecting detention's legality. Failure of State Government to comply with detenu's request for onward transmission of representation. Detailed Analysis: 1. The petitioner challenged the validity of his detention under the National Security Act, 1980, by the District Magistrate. The detention was based on the necessity to prevent prejudicial activities affecting public order. The petitioner filed a writ petition questioning the detention on various grounds, including the failure of the Central Government to address his representation promptly. 2. The timeline of events revealed a delay in processing the petitioner's representation. While the representation was made to the State Government on August 3, 1987, it was not forwarded to the Central Government until October 10, 1987. The Central Government rejected the representation on October 16, 1987, and communicated the decision on October 19, 1987. This delay was primarily attributed to the State Government's failure to promptly forward the representation. 3. The Supreme Court emphasized the detenu's right to make a representation to the Central Government for the revocation of the detention order under Section 14(1) of the Act. The failure of the State Government to comply with the detenu's request for onward transmission of the representation deprived the detenu of this valuable right. Consequently, the Court deemed the continued detention of the petitioner illegal and constitutionally impermissible. 4. In light of the above analysis, the Supreme Court allowed the writ petition, directing the issuance of a writ of habeas corpus. The Court held the petitioner's continued detention to be invalid and ordered his immediate release. The judgment underscored the importance of procedural compliance and safeguarding the detenu's rights in matters of detention under preventive laws like the National Security Act, 1980.
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