Judgment

KOSHAL, J. :- This is an appeal by one Harish Pahwa against the judgment dated 30th January, 1981 of the High Court of Allahabad dismissing a petition presented by the appellant to it under Article 226 of the Constitution of India with a prayer that a writ of habeas corpus be issued against the State of Uttar Pradesh and Union of India inasmuch as the detention of the appellant by them was not in accordance with law.

2. The only point that has been raised before us by Mr. Garg appearing on behalf of the appellant is that the representation made by him against his detention to the State Government was not decided within a reasonable time and that the delay is fatal to the detention This point was no doubt not taken before the High Court but in view of its importance and the fact that all the material necessary for its determination is available on the record, we have allowed it to be raised before us and have overruled a preliminary objection taken by the State to the effect that it should not be entertained.

3. In order to decide the point we may refer to certain admitted facts. The order of detention is dated 16th May, 1980 and the representation made by the appellant agains