Case Note & Summary
The case involved a writ petition filed by the petitioner challenging a detention order issued under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The petitioner was detained on September 7, 1979, and subsequently made a representation to the government on September 27, 1979, which was received on September 28, 1979. The representation was not decided until November 3, 1979, leading to the claim of inordinate and unexplained delay. The petitioner argued that this delay violated Article 22(5) of the Constitution, which guarantees the right to a prompt decision on representations made by detenu. The court noted that the respondents failed to provide any explanation for the delay and emphasized that the detaining authority must act independently and expeditiously without waiting for the Board's opinion. The court found that the delay was unreasonable and sufficient to render the detention void. Consequently, the court allowed the writ petition, set aside the detention order, and directed the immediate release of the detenu.
Headnote
A) Constitutional Law - Preventive Detention - Delay in Representation - Violation of Article 22(5) - The detenu has a right to have the representation considered expeditiously by the appropriate Government, and any unexplained delay in this regard violates the constitutional guarantee under Article 22(5) - The court held that the obligation of the detaining authority to decide on the representation is distinct from its duty to consult the Board, and must be done without delay (Paras 870-872).
Issue of Consideration
Whether the inordinate and unexplained delay in deciding the representation filed by the detenu violated Article 22(5) of the Constitution.
Final Decision
The court allowed the writ petition, set aside the order of detention, and directed that the detenu be released forthwith.
Law Points
- Preventive detention
- Article 22(5)
- representation delay
- constitutional rights
- independent consideration
