HECTORSON MUCHAHARI ALIAS HENGTHESA MUCHAHARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution the detenu petitioner seeks to challenge his detention, based on the following order Annexure-A as passed by the District Magistrate, Darrang, Respondent No.4, and prays for a writ of Habeas Corpus.

(2.) The above order has been challenged on several grounds, but we are confining ourselves to the sole ground of delay in disposal of the representation by the Central Government.

(3.) It is an admitted position that the representation was received by the Jail Superintendent on 29.4.97, The Jail Superintendent sent it by post on 30.4,97. It was received by Respondent No. 4 on 7,5,97. The District Magistrate, respondent No. 4 forwarded the same along with his comments to the Govt. of Assam, the Central Govt. and the Chairman Advisory Board (see paragraph 4 of the affidavit dated 25,7.97 sworn by the District Magistrate).