JITENDER TYAGI Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the validity of the detention order dated January 19, 1989 passed under the National Security Act, 1980, hereinafter referred to as 'the Act', by virtue of which the petitioner has been under detention since the said date. The allegations made in the grounds of detention need not be stated for only legal submissions have been made on behalf of the petitioner in challenging the order of detention. The order of detention dated January 19, 1989 reads as follows:

(2.) It, thus appears from the order of detention that it was passed by the Commissioner of Police, Delhi, in exercise of the powers conferred by sub-section (2) of section 3 of the Act as delegated to him by the Delhi Administration. The order of detention was approved by the Administrator of Delhi by his order dated January 31, 1989. Paragraph 3 of the said order is in the following terms:

(3.) The first point that has been strenuously urged by Mr. Kapil Sibal, learned Counsel appearing on behalf of the petitioner, is that the order of detention not having been approved within a period of twelve days, as provided in sub-section (4) of section 3 of the Act, it had spent its force on the expiry of the said period and, accordingly, the detention of the petitioner is illegal. Sectio n 3 of the Act provides for the power to make orders of detention under certain circumstances. Sub-section (4) of section 3 reads as follows: