9911796707
TMI Blog1990 (5) TMI 230X X X X Extracts X X X X X X X X Extracts X X X X ..... mar Chauhan against the order of detention dated 13.7.1989 clamped upon him by the first respondent, Union of India in exercise of the powers conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as the 'Act') with a view to preventing the detenu from engaging in transporting and concealing smuggled goods and dealing in smuggled goods otherwise than by engaging in keeping smuggled goods. The entire facts of the case are well set out in the grounds of detention and, therefore, we think that it is not necessary to reiterate the same. Mr. Harjinder Singh, learned counsel appearing on behalf of the appellant raised a variety of contentions, one of whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lay occasioned on the part of the sponsoring authority in sending his comments till 11.9.1989 though the representation was sent for comments to the said authority even on 25.8.1989 and that this considerable delay at the hands of the sponsoring authority stands unexplained vitiating the order of detention. In support of the above contention, he placed much reliance on the decision of this Court in Rama Dhondu Borade v.V.K. Saraf, Commissioner of Police & Ors., [1989] 3 SCC 173 to which one of us (Ratnavel Pandian, J.) was a party. In the above cited decision, this Court after referring to the dictum laid down in Smt. Shalini Soni v. Union of India, [1980] 4 SCC 544 and some other decisions of this Court dealing with the similar questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved one of which as ingrained in our system of judicial interpretation, being that the detenu shall be afforded an earliest opportunity of making a representation against the validity of the order of detention clamped upon him and that representation should be considered and disposed of as expeditiously as possible How far this Court has seriously viewed the culpable suppine indifference, callousness and recalcitrant attitude on the part of the appropriate authorities who while dealing with the representations at various stages and disposing of the same cause considerable delay is prismatically reflected with enhanced intensity through a plethora of pronouncements of this apex Court. We may appositely refer to a few. Shelat, J. in Khairu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en by the relevant authorities." (emphasis supplied) Sarkaria, J. in Shaik nanif & Ors. v. State of W. B., [1974] 1 SCC 637 has expressed as follows: "It is the duty of the Court to see that the efficacy of the limited, yet crucial, safeguards provided in the law of preventive detention is not lost in mechanical routine, dull' casualness and chill indifference on the part of the authorities entrusted with their application. In Raisuddin v. State of U.P., [ 1983] 4 SCC 537, it is pointed out, " .......... if on such examination, it is found that there was any remissness, indifference or avoidable delay on the part of the detaining authority/State. Government in dealing with the representation, the Court will undoubtedl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... --indeed appropriate--for the concerned authority or authorities at whose hands the delay has occurred to individually explain such delay. The next question is should or can the Court in the absence of any explanation wink at or skip over or ignore such an infringement of the constitutional mandate and uphold an order of detention merely on the ground that the enormity of allegations made in the grounds of detention is of very serious nature as in the present case? Our answer would be 'Not at all'. In this connection, it will be relevant to make reference to the view expressed by Mathew, J. speaking for the majority in Prabhu Dayal Deorah v. The District Magistrate, Kamrup and Others, [1974] 1 SCC 103 which is as follows: "We ..... X X X X Extracts X X X X X X X X Extracts X X X X
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