(V. Bhargava and K.S. Hegde, JJ.)
Budhan Chamar and Others, In Re: ________________ Petitioner(s);
Writ Petitions Nos. 238-42 of 1969, decided on September 15, 1969
The Order of the Court was delivered by
V. Bhargava, J.:—
Writ Petitions Nos. 239-42 of 1969
1. In these four writ petitions, the representations made by the detenus against their orders of detention passed under Section 3 of the Preventive Detention Act, 1950, were dealt with by the government after considerable unexplained delay.
2. In Writ Petitions Nos. 239, 240 and 241, the representations received on 12-7-1969, 16-7-1969 and 4-7-1969, were considered and rejected on 23-8-1969. In Writ Petition No. 242, the representation received on or about 12-7-1969, was rejected on 18-8-1969. In each case there was a delay of more than a month, and no explanation has been attempted to be given for this delay.
3. On the principle laid down by this Court in Khairul Haque v. State of W.B.1, the detention of these four petitioners has become illegal. Their petitions are, therefore, allowed and they shall be released forthwith unless their detention is required under some other charge.
4. In Writ Petition No. 238 of 1969, Mr. Hardev Singh, appearing as counsel amicus curiae for the petitioner states that he has received instructions from the petitioner to withdraw this petition. The petition is, accordingly, dismissed as withdrawn.
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1 WP No. 246 of 1969 decided on 10-9-1969
