The date of detention should be included in computing the period of 5 days prescribed under Section 8(1) of the Maintenance of Internal Security Act, 1971 for communicating the grounds of detention to the detenu.

Sambasiva Rao, J.:- This is a petition for the issuance of a writ of Habeas Corpus releasing the detenu by name Nallapareddi Chandrasekhara Reddy.

2. The order of detention was passed under Section 3(1)(a)(ii) of the Maintenance of Internal Security Act, 1971 on 2-1-1973.The detenu was arrested and detained in the Central Jail, Nellore on 3-1-1973.It may be mentioned here that the order was passed in Nellore itself by the District Magistrate. The grounds for detention were communicated to the detenu on 8-1-1973.It is also stated that the Government approved of the detention under Section 3(3) on 9-1-1973.

3. The detention is assailed on two grounds. The first of them is that the grounds were communicated to the detenu more than 5 days after his detention; secondly, that some grounds are irrelevant or vague.

4. Taking up the first contention first, the detention took place on 3rd January, 1973 and the grounds were actually served on the detenu on 8-1-1973.Section 8(1) of the Maintenance of Internal Security Act, 1971 requires the grounds to be served on the detenu as soon as may be, but ordinarily not later than five days and in exceptional circumstances and for reasons to be recorded in writing, not later than fifteen days, from the date of detention. The learned Public Prosecutor, who appears for the respondents, does not endeavour before us to sustain the communication of the grounds on the basis of exceptional circumstances, in which case the grounds could be served not later than 15 days from the date of detention. Quite apart from this, there are no reasons recorded in writing for the delay, stated either at the time of the detention or in the counter-affidavit.

5. Therefore, the only alternative that is now left is whether the grounds are served on the detenu not later than 5 days from the date of his detention. From the dates given above, it would be seen that if the dated of detention, viz., 3rd January, 1973 is also included in computing the five days, then the service of the grounds on the 8th of January, 1973 was after more than 5 days from the date of detention. If, on the other hand, the date of detention is excluded, then the grounds can be taken to have been served within 5 days. Therefore, the question is whether the date of the detention has to be included or excluded while reckoning the period of 5 days which is prescribed under Section 8(1).

6. Law of preventive detention is permitted by Article 22 of the Constitution of India.At the same time, clause (1) of that Article says that no person who is arrested shall be detained in custody without being informed as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. Then clause (5) provides that when any person is detained in pursuance of an order made by any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making his representation against the order. In this context. Article 21 also must be noticed. It declares in unequivocal terms that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Therefore, the Constitution confers on the citizen a fundamental right to personal liberty and forbids deprivation of that liberty except in accordance with the established procedure on the basis of law. As we have already mentioned, law of preventive detention is permitted by Article 22 of the Constitution. Therefore, if any interference with personal liberty of a citizen without trial is sought to be made, it should be only in accordance with the law made in this behalf. In this particular case, such interference is said to have been made under the Maintenance of Internal Security Act of 1971 which is a law providing for preventive detention. It log