Shivangi Prakash-
The Allahabad High Court recently invalidated a detention order issued under the National Security Act, citing the Centre’s attempt to excuse the delay as an example of Bureaucratic Red-Tapism in file movement.
A division bench comprising Justice Ramesh Sinha and Justice Jaspreet Singh found that the State had failed to fulfil its obligation of promptly deciding the representation and ordered thus:
“From the perusal of the counter-affidavit filed by the Union of India, it indicates that an attempt has been made by the Central Government to justify the delay in deciding the representation. In paragraphs 5 (a) to 5 (d) various dates have been mentioned which only indicates the movement of file from one desk to the other which only further amplifies the bureaucratic/red-tapism in the movement of the files, without considering that the issue of detention is a priority and the matter should have received prompt attention.”
Furthermore, the Court also said:
“There is no doubt that the State failed to discharge its obligation in deciding the representation expeditiously and moreover the Central Government has not decided the representation dated 21.07.2020 till date which is fatal and vitiates the detention order.”
According to the petitioner, the authorities failed to act quickly on his representation, making his imprisonment illegal in the eyes of the law.
The Court concluded that, based on the facts of the case and the affidavits made on behalf of the Centre and the State Governments, there is nothing on record to show that the second representation dated July 21, 2021, was decided.
It was held thus:
“In view of the aforesaid facts and the law noticed above, the writ petition succeeds and the detention order is quashed. The petitioner shall be released forthwith by the respondents unless he is required in any other case.”
