As regards the grounds 16 A and 16 E formulated in the petition for grant of special leave regarding unreasonbale delay, it is averred in paragraph 3 of the affidavit I say that the representation dated 22nd September, 1986 addressed to the Chief Minis ter by the detenu was forwarded by the Super intendent, Aurangabad Central Prison, Auranga bad on 24th September, 1986.
I further say that the parawise remarks on the said representation were called for from the detaining authority, i.e. District Magistrate, Beed on 26th September, 1986 and remarks of the District Magistrate dated 3rd October, 1986 were received by the Government on 6th October, 1986.
On the view that we take, it is number necessary to deal with the facts elaborately.
It appears that a week thereafter i.e. on September 22, 1986 he addressed a representation to the Chief Minister through the Superintendent, Aurangabad Cen tral Prison, Aurangabad which the Superintendent forwarded to the Home Department on September 24, 1986.
He was served with the grounds of detention along with the companyies of the relevant documents on September 14, 1986.
The appellant was taken into custody on September 8, 1986 and was lodged at the Aurangabad Central Prison, Aurangabad where he is number detained.
It was said that such unreasonable delay in disposal of the representation was sufficient to render the companytinued detention of the appellant illegal.
From the Judgment and Order dated 19.1.1987 of the Bombay High Court in Criminal Writ Petition No.
I further say that the said representation was received in the Department on 26th September, 1986.
The main ground on which the legality of the impugned order of detention was assailed in the High Court was that although the appellant had addressed a representation to the Chief Minister on September 22.
The State Government, in the meanwhile, under s. 3 4 of the Act accorded its approval to the impugned order of detention on September 18, 1986.
On October 13, 1986 the Advisory Board after companysidering the representation made by the appellant together with the materials placed before it forwarded its report to the State Government recommending companyfirmation of the impugned order of detention as there was, in its opinion, sufficient cause for the detention of the appellant.
In the mean time, the appellant moved the High Court on November 13, 1986.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On October 6, 1986 the appellant made another representation to the Advisory Board which met and companysidered the same on October 8, 1986.
22 5 read with s. 8 of the Act inasmuch as there was inordinate, unexplained delay on the part of the detaining authority to companysider and dispose of his representation.
The Judgment of the Court was delivered by SEN, J. This appeal by special leave is directed against the judgment and order of the High Court of Bombay dated January 19, 1987 rejecting the petition under Art.
Hardev Singh and Ms. Madhu Moolchandani for the Appellant.
322 of 1987.
A. Masodkar, A.S. Bhasme and A.M. Khanwilkarforthe Respondent.
226 of the Constitution filed by the appellant in the High Court for grant of a writ of habeas companypus.
1986, it was number companysidered and disposed of by the Chief Minister till November 17, 1986 i.e. there was unexplained, unreasonable delay in disposal of the same.
103 of 1986.
Acting upon the report of the Advisory Board, the State Government by its order dated November 19, 1986 companyfirmed the order of detention.
The appellant has been placed under detention by the impugned order dated September 7, 1986 passed by the District Magistrate, Beed under s. 3 2 of the National Security Act, 1980 on his being satis fied that it was necessary to do so with a view to prevent ing him from acting in any manner prejudicial to the mainte nance of public order.
The appellant challenged the im pugned order of detention on grounds inter alia that there was infraction of the companystitutional safeguards enshrined in Art.
There is on record an affidavit sworn by S. Vishwasrao, Desk Officer, Home Department Special , Mantralaya, Bombay in answer to the grounds 16 A and 16 E .
