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1985 Supreme(All) 298
IN THE HIGH COURT OF ALLAHABAD
P. S. Gupta, R. P. Shukia
GURU CHARAN SINGH - Appellant
Versus
SUPERINTENDENT, CENTRAL JAIL - Respondents
Habeas Corpus Petition 7986 Of 1985
Decided On : 09/24/1985
DAYA SHANKAR MISHRA
The report of the State Government to the Central Government under Section 3 (5) of the National Security Act must be received by the Central Government within seven days from the date of the approval of the detention order.
Headnote:
NATIONAL SECURITY ACT - SECTION 3 (5) - REPORT TO CENTRAL GOVERNMENT - TIME LIMIT - FAILURE TO REPORT WITHIN SEVEN DAYS - DETENTION ILLEGAL.
Fact of the Case:
The petitioner, Guru Charan Singh, was detained under the National Security Act (NSA) by the District Magistrate of Varanasi on 18/10/1984. The State Government approved the detention order on 27th October, 1984, and sent the report to the Central Government on 29th October, 1984. The Central Government received the report on 9th November, 1984.
Finding of the Court:
The court held that the report of the State Government must reach the Central Government within seven days from the date of the approval of the detention order. In the present case, the report was not received by the Central Government within seven days, and therefore, the detention of the petitioner was illegal.
Issues: Whether the report of the State Government to the Central Government under Section 3 (5) of the National Security Act must be received by the Central Government within seven days from the date of the approval of the detention order.
Ratio Decidendi: The court relied on the Supreme Court's decision in Sher Mohammads case, where it was held that the words "report the fact to the Central Government within seven days" in Section 3 (4) of the Maintenance of Internal Security Act (MISA) meant to communicate the fact within seven days. The court also relied on the Bombay High Court's decision in Vinayak Ramchandra Sakhalkar v. D. Ramachandran, where it was held that the report of the State Government under Section 3 (5) of the NSA must be received by the Central Government within seven days.
Final Decision: The court allowed the petition and ordered the release of the petitioner.
( 1 ) BY this Habeas Corpus Petition, the petitioner Guru Charan Singh has challenged the validity of his continued detention on the basis of the detention order passed by the District Magistrate, Varanasi, on 18/10/1984 under section 3 (2) of the National Security Act.
( 2 ) THE petitioner was involved in a case Crime No. 314 of 1984 under sections 147, 148, 149, 307 and 302, I. P. C. of Police Station. Chetganj, district Varanasi. The offence related to an incident committed on 18th September, 1984 at about 9. 30 p. m. The petitioner surrendered in the court on 20th September, 1984 and was sent to District Jail, Varanasi. The detention order, which was passed on 18th October, 1984, was served on the petitioner the same day in District Jail, Varanasi. The State Government approved the detention order on 27th October, 1984, and despatched the report to the Central Government together with the grounds on which the order has been made and such other particulars as in the opinion of the State Government, had bearing on the necessity of the order on 29th October, 1984. This report of the State Government was received by the Central Government in the Home Ministry on 9th November, 1984. The matter of the petitioner came before the Advisory Board on 26th November, 1984. On the recommendation of the Advisory Board, the State Government confirmed the detention order on 12th December, 1984.
( 3 ) THE validity of the detention has been challenged on various grounds. Since the petition succeeds on the ground, which we are going to discuss shortly, we do not propose to enter into the other grounds.
( 4 ) SECTION 3 (5) of the National Security Act provides:when any order is made or approved by the State Government under this section, the State Government shall, within seven days, report the fact to the Central Government together with the grounds on which the order has been made and such other particulars as, in the opinion of the State Government, have a bearing on the necessity for the order.
( 5 ) THE contention of the learned counsel for the petitioner is that the matter was not reported by the State Government to the Central Government within seven days from the date of the approval of the order by the State Government.
( 6 ) THE admitted facts in this connection, are that the State Government approved the order on 27th October, 1984, and the report of the State Government together with the required documents was sent to the Central Government on 29th October, 1984. It is admitted in the counter-affidavit filed on behalf of the Union of India that a report a envisaged under section 3 (5) of the National Security Act, 1980. about the detention of Shri Gurucharan Singh, was made by Government of Uttar Pradesh to the Central Government in the Ministry of Home Affairs vide their letter dated the 29th October, 1984. That the said report was received by the Central Government in the Ministry of Home Affairs on the 9th November, 1984, and it was immediately attended to and considered. The Central Government completed the consideration of the report in the Ministry of Home Affairs on the 13th November, 1984.
( 7 ) THE contention of the learned counsel for the petitioner is that the report of the State Government should be received by the Central Government within seven days from the approval of the order of detention. The learned counsel has relied upon a Division Bench case of Bombay High Court in Vinayak Ramchandra Sakhalkar and etc. Petitioners v. D. Ramachandran, Commissioner of Police, Thana and others etc. , Respondents. in which it has been held: Section 3 (5) casts a duty on the State Government to report the fact to the Central Government within seven days together with the grounds on which order has been made and such other particulars, as in the opinion of the State Government, have bearing on the necessity of the order. Therefore, unless the report sent by the State Government under 5. 3 (5) of the Act is received
