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TMI Blog1972 (10) TMI 135X X X X Extracts X X X X X X X X Extracts X X X X ..... nd services essential to the community . The grounds of detention were duly served on him at the time of his arrest. The report regarding the detention order had also been duly sent on January 3, 972 to the State Government, which approved the order of detention on January 6,1972. The same day the State Government reported that fact to the Central Government in compliance with Section 3(4) of the Act. The petitioner's case was placed before the Advisory Board on February 1,1972, and the Board submitted its report on March 4, 1972. The representation made by the petitioner was received by the Government on February 3,1972 but the same was considered by it on March 1, 1972. The State Government Confirmed the order of detention on March 15 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curity Act, as there was spate of anti-social activities during that time within the State by the Naxalites and other political extremists. Due to aforesaid reason there was great pressure of work and movement of the files were very much delayed and the records in the office were not regularly available, It appears that there was about 27 days delay in considering the said representation of the petitioner. I further state that delay was unintentional and for reasons stated above it was beyond control of the State Government and I submit that the said delay may be condoned by this Hon'ble Court. The question requiring consideration by this Court is the effect of this explanation for the delay on the part of the State Government in con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have the representation considered at the earliest flows from the Constitutional guarantee of the right to personal liberty - the right which is highly cherished in our Republic and its protection against arbitrary and unlawful invasion. In Abdul Karim v. State of West Bengal 1969CriLJ1446 this Court, while considering the permissible limits of legislation empowering preventive detention as laid down in Article 22 observed after referring to other clauses of Article 22: Apart from these enabling and disabling provisions certain procedural rights have been expressly safeguarded by Clause (5) of Article 22. A person detained under a law of preventive detention has a right to obtain information as to the grounds of detention and has als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tate Government is not under a legal obligation to consider the representation of the detenu or that the representation must be kept in cold storage In the archives of the Secretariat till the time or occasion for sending it to the Advisory Board is reached. If the viewpoint contended for by the respondent is correct, the Constitutional right under Article 22(5) would be rendered illusory. This view was approved in Pankaj Kumar Chakrabarty v. State of West Bengal [1970]1SCR543 in these words: For the reasons aforesaid we are in agreement with the decision in Sk. Abdul Karim's case. Consequently the petitioners had a Constitutional right and there was on the State Government a corresponding Constitutional obligation to consider th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The explanation merely states in a general way that during that time there was a spate of antisocial activities in the State of West Bengal giving rise to sudden and abrupt increase in the volume of detention cases which led to greater pressure of work and this very much delayed the movement of the files. The records in the office were accordingly not regularly available. This explanation is much too vague and does not require any serious notice. No precise details are given and no figures about the abrupt increase of detention cases have been supplied. The State Government, in our view, should, in any event have made arrangements for dealing with the cases of detention with due promptitude as required by the Constitution. No cogent and co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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