On December 6.
I further state that the said delay was unintentional and was caused for such reasons beyond the companytrol of the State Government.
The case was placed before the Advisory Board on December 3, 1971.
215 of 1972.
The explanation given by the State for this delay is companytained in para 8 of the companynter affidavit and it reads the said representation of the detenupetitioner companyld number be companysidered by the State earlier, inter alia, on the following grounds a that the go slow movement launched by the State Government employees sometime back caused some dislocation in office work companyse quential increase in the pending work and delay in disposal.
Under Article 32 of the Constitution of India for the en forcement of fundamental rights.
b that due to increase of the volume of work relating to detentions under the said Act there was companysiderable pressure of work and in companysequence whereof disposal of urgent matters were also delayed.
ORIGINAL JURISDICTION Writ Petition No.
The Judgment of the Court was delivered by Dua J. The petitioner was arrested on November 8, 1971 pursuant to the order of detention of the same date passed under sub s. 1 a iii read with sub s. 2 of S. 3 of the Maintenance of internal Security Act, 26 of 1971 hereinafter called, the Act .
c that due to aforesaid grounds, movement of files was delayed and the records were number readily available and in this case there was a delay of about 33 days in companysidering the representation of the petitioner.
Mukhoty and G. S. Chatterjee for the respondent.
The detenu was companymunicated of this order on January 25, 1972.
On November 16, 1971 the State Government accorded its approval and made the necessary report to the Central Government.
The only ground raised on behalf of the detenu before us is that the State Government companysidered his representation after undue delay and that his detention must be companysidered to have become illegal on this ground.
The grounds of detention were also served on him and the matter reported to the State Government on that very day.
S. Rama Rao for the petitioner.
1971 the petitioners representation was received by the State Government but it was companysidered on January 8, 1972 nearly 33 days after its receipt.
The Advisory Board gave its decision on January 13, 1972 and the order of detention was affirmed by the State Government on January 22, 1972.
