In Brief
The appellant challenged a preventive detention order under the National Security Act, 1980 on the ground that the District Magistrate violated Section 3(4) by reporting the detention to the State Government five days after passing the order, instead of 'forthwith' (immediately). The High Court dismissed the petition, holding that 'forthwith' must be understood within the statutory scheme and that reporting within twelve days was sufficient. The Supreme Court allowed the appeal, holding that 'forthwith' means without undue delay and within reasonable time, and that the detaining authority must furnish the report at the earliest possible time. Any delay must be justified by unavoidable circumstances. As no justification was offered for the five-day delay, the detention order was set aside."
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