RAJESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this writ of habeas corpus, the petitioner is assailing the validity and legality of the order of detention dated 15th June, 1994 passed against him by the Collector and District Magistrate, Bharatpur in exercise of power contained under Section 3(2) of National Security Act, 1980 (for short N.S.A.). The impugned order of detention has been challenged on various grounds inter alia, including that there was violation of the constitutional safeguards enshrined in Article 22(5) of the Constitution in as much as the representation made by the petitioner through his mother Smt. Omwati to the President of India in the month of August 1994 has not been considered and disposed of.

(2.) The order of detention (Anx. 1) was passed on June 15, 1994 by the Collector and District Magistrate, Bharatpur on the ground that with a view to preventing the petitioner from acting in any manner prejudicial to maintenance of public order his detention was necessary in pursuance to the order, he was arrested on June 16, 1994. On his arrest the order of detention, as well as, the grounds of detention were served on him. The State of Rajasthan approved the order of detention on June 24, 1994 and reported the matter to the Central Government under Section 3(5) of N.S.A. In para Nos. 8 and 9 of the petition. It was alleged by the petitioner that he made a representation through his mother in the month of August 1994 to His Excellency the President of India with a prayer to revoke his illegal detention and the same was received in the Secretariat of the President, but it has not been considered and disposed of by the Central Government.

(3.) As stated earlier, the detention order has been assailed on a number of grounds, but, on the view that we take, it is not necessary to specify and deal with other grounds as we are satisfied that by non consideration of petitioner's representation referred above by the concerned authority his fundamental right as enshrined under Article 22(5) of the Constitution of India has been infringed and on this ground alone this petition may be allowed.