In pursuance of the detention order, the petitioner, who was earlier found to be absconding, was arrested on September 20, 1971.
The State Government companysidered the representation and rejected it on November 18, 1971.
The petition was opposed by the State of West Bengal and the affidavit of Shri D. Mukhopadhya, District Magistrate of 24 Parganas was filed in opposition to the petition.
The petitioner thereafter filed the present petition through jail for issuing a writ of habeas companypus.
The petitioner sent representation against the detention from the jail and the said representation was received by the State Government on October 25, 1971.
We have heard Mr. Ram Panjvani, who has argued the case amicus curiae on behalf of the petitioner, and Mr. P.K. Chakravarty on behalf of the respondent State, and are of the opinion that the detention of the petitioner is number in accordance with law as there has been inordinate delay on the part of the State Government in disposing of the petitioners representation against his detention.
The said Government has tried to explain the delay in the disposal of representation by ascribing it partly to the go slow movement of the State Government employees and partly to the sudden increase in volume of work on account of increased number of detention cases.
There thus elapsed a period of 24 days between the receipt of representation and its disposal by the State Government.
The detention order was approved by the Government of West Bengal on September 3, 1971.
R. Khanna, J. The District Magistrate of 24 Parganas made an order on August 24, 1971 that Atiar Rehman petitioner be detained under Section 3 of the Maintenance of Internal Security Act, 1971 Act 26 of 1971 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.
In support of this plea the State Government has filed the affidavit of Shri D. Mukhopadhya.
