S.K.Agarwal, J. - (1.) HEARD Sri Virendra Bhatia for the Petitioner. Additional Government Advocate for Respondent Nos. 1, 2 and 4 and Senior Standing Counsel for the Union of India.
(2.) THIS petition has been filed by, the Petitioner against his detention under Section 3(2) of the National Security Act (hereinafter called as the Act). He has been detained by the order dated 25.10.1998 passed by the District Magistrate, Kannauj, who is the detaining authority. The detenu submitted an application through Jail Superintendent on 10.11.1998. This application was treated by the detaining authority as his representation. The representation was forwarded by the detaining authority to the Government of Uttar Pradesh on 10.11.1998 itself. The Jail Superintendent forwarded a copy of this application to the Union of India which was received in the Ministry of Home Affairs on 16.11.1998. This representation was immediately processed for consideration and it was detected that certain vital informations were required for its further consideration by the Union Government. A crash wireless message was sent to the Government of Uttar Pradesh for furnishing the required informations on 27.11.1998. The informations so sought were received by the Ministry of Home Affairs, Central Government on 8.12.1998. It was furnished by State Government on 3.12.1998. After the receipt of the above information, the case of the detenu was put up before the Director, Ministry of Home Affairs on 10.12.1998 who forwarded the same for consideration by the Joint Secretary, Ministry of Home Affairs on 12.12.1998. After the consideration of the representation and the informations so received, the Joint Secretary forwarded the representation for consideration by the Home Minister, Union of India, on 14.12.1998 and the Home Minister took 12 days in considering the representation of the detenu. The representation was rejected by him on 26.12.1998.
(3.) THE argument advanced before us by the Learned Counsel for the Petitioner is that there is enormous delay in the consideration of the representation of the detenu by the Government of India, i.e., Home Minister. It vitiates any further detention of the Petitioner on the basis of impugned order dated 25.10.1998.;