JUDGMENT

S. RATNAVEL PANDIAN, J. :— Rule nisi in the writ petition and leave granted in the special leave petition.

2. Both this writ petition and the criminal appeal are preferred by one Rama Dhondu Borade - the detenu herein challenging the legality and validity of the Order of detention passed by the Commissioner of Police, Greater Bombay in exercise of the powers conferred by sub-section (2) of Section 3 of the National Security Act 1980 (Central Act 56 of 1980) (hereinafter referred as the Act) read with clause 4 of the National Security (Conditions of Detention) (Maharashtra) Order, 1980 with a view to preventing the detenu from indulging in activities that are prejudicial to the maintenance of public order in Greater Bombay.

3. In pursuance of the impugned order the detenu is detained in the Central Prison, Nasik from 31-8-88. He has been furnished with the copies of the grounds of detention and other materials on the basis of which the detaining authority drew his subjective satisfaction. In the grounds of detention the detenu is stated to have been involved in three incidents, they being :

1) On 9-4-1988 at about 11.30 p.m. the detenu and his associate Sunil attacked one Laxman Devsingh Gurkha, during the course of which Sunil slapped on his face while the detenu caused an injury with a sword on the neck of Laxman. In respect of this incident a case as CR No. 269 of 1988 for offences under Sections 324 and 114 Indian Penal Code has been registered by Dadar Police;

2) On 10-4-88 the detenu along with his associates went to a pharmaceutical company at Worli and demanded a sum of Rs. 3000/-at the point of choppers from one Banwarilal Bhagirath and on subsequent dates from one Babulal Mistry. Relating to this incident, Babulal lodged before Worli Police Station a complaint which was registered as CR No. 183/88 for offences under Sections 384 and 114 of the Indian Penal Code. On 14-4-88 the police attempted to arrest the detenu and his associates, but they all managed to escape. however, the police arrested one of his associates Suresh P. Shelar who on search was found to be in possession of a chopper. Subsequently the detenu was arrested on 9-8-88. But later on he was released on bail;

3) On 1-8-88 the detenu was arrested near the gate of Century Bazar and on search he was found to be in possession of a Rampuri Knife. In this connection, a case vide LAC No. 2912/88 was registered in Dadar Police Station under the Bombay Police Act, 1951. On 2-8-88 the detenu was released on bail.

4. In view of the above alleged violent activities of the detenu creating a sense of insecurity in Greater Bombay, the detaining authority on being satisfied on the materials placed before him that the activities of the detenu were prejudicial to the maintenance of public order in Greater Bombay, passed the impugned detention order. Challenging the correctness of this detention order, the detenu filed Writ Petition No. 1044 of 1988 before the High Court of Bombay which for the reasons mentioned in the judgment dismissed the same. This criminal appeal is preferred against that judgment. In addition to that, he has filed Writ Petition No. 86 of 1989 before this Court.

5. The learned counsel appearing on behalf of the appellant/petitioner raised several contentions assailing the legality of the order one of which being that there is an inordinate and unexplained delay caused by the third respondent (Union of India) in considering and disposing of the representation of the detenu dated 26-9-88 and as such the continued detention of the appellant is unconstitutional and illegal being violative of the mandatory provisions of Article 22(5) of the Constitution of India.

6. As we are inclined to dispose of this appeal and the writ petition on this ground alone we do not propose to traverse on other grounds canvassed before us.

7. With regard to the right of making the representation the detenu has 6een informed in the grounds of detention as follows :

"You are fu