Allahabad HC takes serious view of Centre not filing reply

The Allahabad High Court has taken serious note of non-filing of reply by the Centre for over three months despite several opportunities in a sensitive case challenging the legality of detention of a person.
Initially, the Centre was granted four weeks on October 13 last year to file the reply by the High Court in a habeas corpus petition relating to the alleged detention of a person involved in meat business. Again on November 21, 2017, two more weeks were granted.
However, despite the expiry of a period of about three months, no counter affidavit by the Union of India till date, the court noted in its order passed yesterday.

Habeas corpus plea relates to the legality of arrest or detention or imprisonment of a person.
The Lucknow bench of High Court was hearing a plea filed by Gonda resident Dilbahar, through his lawyers Amul Mani Tripathi and Vimlesh Mani Tripathi, who had filed the habeas corpus plea against his preventive detention.
Irked at the approach of the Centre, a bench of Justices Dinesh Kumar Singh and D K Upadhyaya said, "we cannot appreciate the situation that even in a period of three months, counter affidavit could not be filed.

"The matter at hand relates to preventive detention of the petitioner where his personal liberty is involved. We, therefore, provide that in case within two weeks from today no counter affidavit is filed, the Court may proceed ex-parte and the averments made in the writ petition qua the Central Government may be treated to be uncontroverted," the bench said in the order.

At this juncture, Assistant Solicitor General of India S B Pandey assured the HC that he would personally deliberate the issues relating to filing of the counter affidavit in all Habeas Corpus petitions with the Home Secretary.
He said he would ensure that a more effective mechanism is evolved so that such important matters are contested more effectively.