important Point
If the delay is properly explained, detention cannot be quashed.

judgment

Dr. Arijit Pasayat, J. —

1.Leave granted.

2.Challenge in this appeal is to the judgment of the Division Bench of the Guwahati High Court, Imphal Bench allowing the habeas corpus petition filed by the respondent. The habeas corpus petition was filed questioning the order of detention passed by the District Magistrate, Manipur, Imphal West, dated 23.9.2005 in exercise of powers conferred by sub-section (3) of Section 3 of the National Security Act, 1980 (in short the ‘Act’) read with Home Department’s order No.17(1)/49/80-H(Pt) dated 6.9.2005, which was approved by the State Government under order No.17(1)/947/2005-H dated 5.10.2005 and again confirmed by order of State Government being No.17(1)/947/2005-H dated 7.11.2005 fixing the period of detention for 12 months from the date of detention. The order of detention was challenged primarily on the ground that there was unexplained delay in disposing of the representation made by the detenu. The High Court accepted the plea that there was an unexplained delay.

3. Learned counsel for the appellants submitted that the representation was made on 12.10.2005 and the Central Government received the same on 31.10.2005. It immediately wrote to the State Government to give its parawise comments. Such comments were received on 22.11.2005 and immediately thereafter after consideration of all relevant aspects the order of rejection was passed on 29.11.2005 which was communicated to the detenu on 30.11.2005.

4.It was submitted that the High Court did not even consider the explanation given by the appellants to show that there was, in fact, no delay. No reason has been indicated by the High Court in the impugned order to show any application of mind to the relevant aspect.

5.There is no appearance on behalf of respondent.

6.In Senthamilselvi v. State of T.N. and Anr.,1 (2006 (5) SCC 676) it was held as under :

“6.Coming to the plea that there was delay in disposal of the representation it is to be noted that the order of detention is dated 1.12.2005. The representation was sent on 11.12.2005 which was received by the respondents on 15.12.2005. The details were called for on 16.12.2005 which were received on 20.12.2005. The file was submitted on 21.12.2005 and dealt with by the Under Secretary and Deputy Secretary on 22.12.2005. The concerned Minister passed order on 22.12.2005 and the order of rejection which was passed on 27.12.2005 was issued on 28.12.2005 which was sent to the Superintendent of the Jail where the detenu was incarcerated, which was communicated to the detenu. It was received by the prison authorities and it was served on the detenu on the day it was received by the Jail authority. The factual scenario indicated above indicates that the representation was dealt with utmost expedition. There can be no hard and fast rule as to the measure of reasonable time and each case has to be considered from the facts of the case and if there is no negligence or callous inaction or avoidable red-tapism on the facts of a case, the Court would not interfere. It needs no reiteration that it is the duty of the Court to see that the efficacy of the limited, yet crucial, safeguards provided in the law of preventive detention is not lost in mechanical routine, dull casualness and chill indifference, on the part of the authorities entrusted with their application. When there is remissness, indifference or avoidable delay on the part of the authority, the detention becomes vulnerable. That is not the case at hand. It may be noted that the writ petition was filed on 22.12.2005, even before the order of rejection was served. That being so the detenu cannot make grievance that the State had not explained the position as to how his representation was dealt with.”

7.In Vinod K.Chawla v. Union of India and Ors.,2 (2006 (7) SCC 337), it was observed as under:

“13.The contention raised cannot be judged by any straitjacket formula divorced from facts. This has to be examined with reference to the facts o