RAISUDDIN @ BABU TAMCHI versus STATE OF UTTAR PRADESH & ANR.

RAISUDDIN @ BABU TAMCHI versus STATE OF UTTAR PRADESH & ANR.

There was no avoidable delay or remissness on the part of the detaining authority in forwarding the petitioner's representation, as the District Magistrate acted with promptness under emergent circumstances, and the Advisory Board disposed of the petitioner's case within the statutory seven week period; therefore, no ground exists for interfering with the order of detention.

Parties
Petitioner: Raisuddin @ Babu Tamchi; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
07 October 1983
Procedural Posture
Writ Petition (criminal) / Final Disposal
Outcome
Writ Petition dismissed
Legal Topics
National Security Act, Promptness in Dealing With Representation, Advisory Board Procedure
Preventive Detention National Security Act Promptness in Dealing With Representation Advisory Board Procedure

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Parties

Raisuddin @ Babu Tamchi

Petitioner

State of Uttar Pradesh

Respondent

Procedural Posture

Writ Petition (criminal) / Final Disposal

Legal Issues

  1. 1 Whether delay in dealing with detenu's representation vitiates detention order
  2. 2 Interpretation of 'place before' under Section 10 of National Security Act

Ratio Decidendi

There was no avoidable delay or remissness on the part of the detaining authority in forwarding the petitioner's representation, as the District Magistrate acted with promptness under emergent circumstances, and the Advisory Board disposed of the petitioner's case within the statutory seven week period; therefore, no ground exists for interfering with the order of detention.

Court Disposition

Writ Petition dismissed

Orders

  • No interference with the detention order
  • Petition dismissed