Kishore Sharan And Ors. vs State Of Rajasthan And Ors. on 25 February, 1992
40. The various decisions referred to hereinabove, show that each case has been decided on its own facts. In is true that some observations have been made in these cases that there should be explanation of almost each day's delay. To that extent, the views expressed by the High Court are contrary to the law laid down by the Supreme Court in Gulam Hussatn v. Commissioner of Police (supra), Rqjendra Kumar Natwar Lal Sah, M. Ahmed Kutti (supra) and these observations cannot be treated as laying down correct principles of law. In the present case, the explanation which has been offered by the respondents cannot be construed as an unsatisfactory explanation. As already observed by me, the order of detention has serious adverse impact on the right of an individual and, therefore, great care and caution has to be taken before an order of detention is made. The competent authority must consider the material carefully and then on the basis of consideration of objective factors take a decision to pass or not to pass the detention order. Various steps have to be taken in this process. The material which was placed before the authorities in the present case, was in my opinion, sufficient for a subjective satisfaction for passing of an order of detention and the delay by itself cannot be ground for declaring that the action taken against the petitioners is unconstitutional.