V.D.GYANI, J.- - (1.) Sri Bhaskar Bora alias Raju Bora, Son of Bakul Chandra Bora, resident of Balisatra, Police Station Dhing, District Nagaon, has filed this writ petition praying for issuance of writ of Habeas Corpus and quashing the detention order dated 6.5.97, as passed by the District Magistrate, Nagaon, filed as Annexure-A to the petition.
(2.) The impugned order of detention, Annexure-.A, has been challenged on several grounds, such as non-application of mind, vitiating subjective satisfaction of the detaining authority who passed the impugned order of detention, Annexure-A, unexplained delay in disposal of his representation by the Central Government and non-compliance of in-built procedural requirements of the National Security Act, 1980.
(3.) Mr. N. Dutta, learned counsel appearing for the petitioner, has pressed into service the ground of delay in disposing of the representation, admittedly, submitted by the detenue on 1.6.97. To appreciate this argument, a few datesineed be noted. The representation was submitted on 1.6.97, it was received in the Political Department of the State from the District Magistrate, Nagoan on 10.6.97 and placed befone the Deputy Secretary on 12.6.97. According to the affidavit filed by the respondent/State, the representation was processed by the Additional Chief Secretary on 12.6.97 and placed before the Chief Minister for consideration, who rejected the same on 12.6.97. Thus, it would appear that so far as the State of Assam is concerned, it cannot be said that there was any undue delay in disposing of the detenue's representation.;