SMT. KHATOON BEGUM ETC. ETC. versus UNION OF INDIA AND ORS. ETC. ETC.

SMT. KHATOON BEGUM ETC. ETC. versus UNION OF INDIA AND ORS. ETC. ETC.

Unexplained or unreasonable delay in considering a detenu's representation under Article 22(5) is fatal to the detention order, and such delay entitles the detenu to immediate release, irrespective of whether the preventive detention is under the National Security Act or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.

Parties
Petitioner: Smt. Khatoon Begum; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
09 March 1981
Procedural Posture
Writ Petition (criminal) / Original Jurisdiction
Outcome
Petition allowed; detenus to be released forthwith.
Legal Topics
Article 22(5) Right to Make Representation in Preventive Detention, National Security Act – Validity of Detention If Delay in Considering Representation, Administrative Delay and Constitutional Mandate
Constitutional Law Preventive Detention Article 22(5) Right to Make Representation in Preventive Detention National Security Act – Validity of Detention If Delay in Considering Representation Administrative Delay and Constitutional Mandate

Case Brief

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Parties

Smt. Khatoon Begum

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) / Original Jurisdiction

Legal Issues

  1. 1 Whether delay in considering the representation made by a detenu vitiates the detention under the National Security Act

Ratio Decidendi

Unexplained or unreasonable delay in considering a detenu's representation under Article 22(5) is fatal to the detention order, and such delay entitles the detenu to immediate release, irrespective of whether the preventive detention is under the National Security Act or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act.

Court Disposition

Petition allowed; detenus to be released forthwith.

Orders

  • Detenus in all three writ petitions are to be released forthwith.
  • Writ Petitions allowed.