PABITRA N. RANA versus UNION OF INDIA AND ORS.

PABITRA N. RANA versus UNION OF INDIA AND ORS.

Unexplained and unreasonable delay in considering the representation submitted by the detenu is sufficient to vitiate the detention under Article 22(5) of the Constitution.

Parties
Petitioner: Pabitra N. Rana; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
30 January 1980
Procedural Posture
Writ Petition (criminal) No. 1376 of 1979 / Final Disposition
Outcome
Petition allowed; detention order set aside.
Legal Topics
Preventive Detention, Delay in Representation Disposal, Constitutional Rights of Detenu
Criminal Law Constitutional Law Preventive Detention Delay in Representation Disposal Constitutional Rights of Detenu

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Pabitra N. Rana

Petitioner

Union of India and Ors.

Respondents

Procedural Posture

Writ Petition (criminal) No. 1376 of 1979 / Final Disposition

Legal Issues

  1. 1 Whether unexplained delay in disposing of the representation by the detenu violates Article 22(5) of the Constitution and vitiates detention

Ratio Decidendi

Unexplained and unreasonable delay in considering the representation submitted by the detenu is sufficient to vitiate the detention under Article 22(5) of the Constitution.

Court Disposition

Petition allowed; detention order set aside.

Orders

  • The order of detention is set aside.
  • The detenu is to be released forthwith.