Case Note & Summary
The case involved a writ petition filed by a petitioner detained under Section 3(2) of the National Security Act, 1980. The detention order was issued by the District Magistrate on April 30, 1981, with grounds served on May 1, 1981. The State Government approved the detention on May 7, 1981, and referred the matter to the Advisory Board on May 19, 1981. The petitioner submitted a representation against the detention on May 31, 1981, which was sent to the Advisory Board. The Advisory Board opined on June 29, 1981, that there were sufficient grounds for detention, leading the State Government to confirm the detention for one year. The petitioner contended that the State Government did not consider his representation, violating Article 22(5) of the Constitution. The court held that the State Government had a two-fold obligation: to consider the representation and to communicate it to the Advisory Board. The court found that the State Government failed to independently consider the representation, deferring its consideration until after receiving the Advisory Board's opinion, resulting in a twenty-four-day delay. This was deemed a clear violation of Article 22(5). Consequently, the court quashed the detention order and directed the immediate release of the petitioner.
Headnote
A) Constitutional Law - Preventive Detention - Compliance with Article 22(5) - Obligation of the State Government to consider representation - The State Government failed to independently consider the petitioner's representation before receiving the Advisory Board's opinion, resulting in a violation of Article 22(5) of the Constitution. The unexplained delay of twenty-four days in considering the representation constituted non-compliance, leading to the quashing of the detention order. (Paras 1-5)
Issue of Consideration
Whether the State Government complied with the requirements of Article 22(5) of the Constitution in considering the petitioner's representation against detention.
Final Decision
The Supreme Court allowed the writ petition, quashed the detention order, and directed the immediate release of the petitioner.
Law Points
- Preventive detention
- Article 22(5)
- representation consideration
- Advisory Board
- liberty of citizen
