Case Note & Summary
The case involved a petition for a writ of Habeas Corpus filed by the wife of Suresh Chander Sharma, who had been detained under the National Security Act, 1980 since May 5, 1997. The District Magistrate of Mathura had ordered the detention to prevent the detenu from acting prejudicially to public order. The detenu made a representation against his detention on May 14, 1997, which was rejected by the State Government on May 23, 1997. Subsequently, the Central Government also rejected his representation on August 6, 1997. On August 22, 1997, the detenu submitted a second representation to the Central Government, which the detaining authority refused to forward, citing a delay in submission. The petitioner contended that the detenu had an independent right to make a representation to the Central Government, which was denied by the detaining authority's refusal to send the second representation. The court analyzed the detaining authority's reasoning and found it untenable, emphasizing that there is no limitation period for a detenu's right to make a representation. The court held that the detaining authority's refusal to forward the representation violated the detenu's rights under Article 22(5) of the Constitution, leading to the conclusion that his continued detention was illegal. Consequently, the court allowed the petition, quashed the detention order, and directed the immediate release of the detenu unless he was wanted in connection with another case.
Headnote
A) Constitutional Law - Right to Representation - Denial of Right to Make Representation - National Security Act, 1980, Section 14 - The detenu's right to make a representation to the Central Government was infringed when the detaining authority refused to forward his representation, thereby denying him the opportunity to seek revocation of the detention order. The court held that such refusal rendered the continued detention illegal (Paras 1-2).
Issue of Consideration
Whether the detaining authority's refusal to forward the detenu's representation to the Central Government violated his rights under Article 22(5) of the Constitution.
Final Decision
The Supreme Court allowed the petition, quashed the detention order, and directed the immediate release of the detenu unless he was wanted in connection with any other case.
Law Points
- Right to make representation
- Detention under National Security Act
- 1980
- Article 22(5) of the Constitution
- Obligation of Central Government to consider representation
