Summary
The Supreme Court set aside preventive detention because the District Magistrate failed to explain a five-day delay in reporting it to the State Government. Section 3(4) of the National Security Act requires reporting at the earliest possible time without avoidable delay. The twelve-day approval period does not grant an equivalent reporting window, and an explanation about serving grounds on the detenu did not answer the distinct reporting lapse.
Issues
- What forthwith reporting under Section 3(4) required and whether the unexplained five-day delay vitiated detention.
Provisions considered
- Section 3(4), including proviso, National Security Act, 1980Distinguished the duty of forthwith reporting from the twelve-day, or applicable fifteen-day, period for State approval; reporting must occur at the earliest possible time. (¶¶ 5, 10, 11, 12, 13, 14, 15, 16, 17, 18)
- Section 8, National Security Act, 1980Its separate timing for communicating grounds and enabling representation did not justify delay in reporting the order to the State Government. (¶¶ 6, 8, 15, 18)
Held
- Forthwith does not demand instantaneous or split-second action. It permits reasonable time only without undue delay, assessed on the facts. Avoidable administrative laxity is impermissible, and unavoidable exigencies must be explained by the detaining authority. (¶¶ 10, 11, 12, 13, 15, 16)
- The State-approval deadline is not a twelve-day allowance for sending the report. The High Court erred in treating reporting within that period as necessarily non-prejudicial. Preventive-detention safeguards require strict construction. (¶¶ 14, 15, 16)
- The specific challenge to the five-day reporting delay was not answered. The Magistrate’s statement that a Sunday affected service of grounds on the detenu addressed a different act and supplied no justification for delayed reporting to the Government. The detention was vitiated. (¶¶ 17, 18, 19)
Result
Appeal allowed. High Court judgment dismissing the writ petition and the consequential detention order set aside.