Judgment

S. M. FAZAL ALI, J. :- This petition has been filed by the sister of the detenu praying that the detenu be released because the safeguards provided by the Constitution have not been complied with. The detenu was arrested on 20-10-1980 when only the grounds of detention were served on him. On 5-11-1980 the documents and materials on the basis of which the order of detention was passed were supplied to the detenu. On the 18th November 1980, the detenu made a representation to the Government which was disposed of as late as the 15th December, 1980. In support of the petition, Mr. Jethmalani has submitted two points on which alone, in our opinion, the petition must succeed.

2. In the first place, it was pointed out that as already held by this Court the grounds served on the petitioner were not accompanied by the documents and materials which formed the bans of the order of detention, hence the safeguards contained in Art. .22 (5) of the Constitution not having been complied with, the continued detention of the detenu became void. Secondly, it was argued that even though the detenu had made a representation on 18-11-1980, the same was disposed of a month thereafter and no explan