VIJAY KUMAR versus STATE OF J & K & OTHERS

VIJAY KUMAR versus STATE OF J & K & OTHERS

The unexplained delay of fourteen days in transmitting the representation to the Government and the further delay of nineteen days in its disposal constitute a contravention of Section 13 of the Act, thereby invalidating the detention order.

Parties
Petitioner: Vijay Kumar; Respondents: State of J & K & Others
Jurisdiction
India
Judgment Date
17 March 1982
Procedural Posture
Writ Petition (criminal) No. 9516 of 1981 Under Article 32 of the Constitution / Supreme Court Original Jurisdiction, Final Judgment
Outcome
Petition allowed. Detention order quashed and set aside.
Legal Topics
Jammu & Kashmir Public Safety Act, 1978 – Section 13(1), Procedural Safeguards for Detenues, Delay in Consideration of Representation Against Detention, Article 22(5) of the Constitution of India
Preventive Detention Constitutional Law Jammu & Kashmir Public Safety Act, 1978 – Section 13(1) Procedural Safeguards for Detenues Delay in Consideration of Representation Against Detention Article 22(5) of the Constitution of India

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Parties

Vijay Kumar

Petitioner

State of J & K & Others

Respondents

Procedural Posture

Writ Petition (criminal) No. 9516 of 1981 Under Article 32 of the Constitution / Supreme Court Original Jurisdiction, Final Judgment

Legal Issues

  1. 1 Whether unexplained delay in considering the detenu's representation under Section 13(1) of the Jammu and Kashmir Public Safety Act, 1978 invalidates the order of detention.
  2. 2 Whether the detaining authority failed to apply its mind regarding the fact that the detenu was already in jail at the time of passing the detention order.

Ratio Decidendi

The unexplained delay of fourteen days in transmitting the representation to the Government and the further delay of nineteen days in its disposal constitute a contravention of Section 13 of the Act, thereby invalidating the detention order.

Court Disposition

Petition allowed. Detention order quashed and set aside.

Orders

  • The order of detention dated July 11, 1981 made under Section 8 of the Jammu & Kashmir Public Safety Act, 1978 is quashed and set aside.