MAHESH KUMAR CHAUHAN @ BANTI versus UNION OF INDIA AND ORS.

MAHESH KUMAR CHAUHAN @ BANTI versus UNION OF INDIA AND ORS.

Undue and unexplained delay in considering and disposing of a detenu's representation violates the constitutional mandate of Article 22(5), rendering the detention order invalid.

Parties
Appellant: Mahesh Kumar Chauhan @ Banti; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
02 May 1990
Procedural Posture
Criminal Appeal / Appeal From Delhi High Court Judgment Dismissing Writ Petition
Outcome
Appeal allowed; detention order set aside.
Legal Topics
Preventive Detention, Delay in Disposal of Representation, Violation of Article 22(5)
Constitutional Law Criminal Law Preventive Detention Delay in Disposal of Representation Violation of Article 22(5)

Case Brief

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Parties

Mahesh Kumar Chauhan @ Banti

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Delhi High Court Judgment Dismissing Writ Petition

Legal Issues

  1. 1 Whether undue and unexplained delay in considering the detenue's representation violates Article 22(5) of the Constitution.
  2. 2 Whether failure to explain such delay renders the detention order invalid.

Ratio Decidendi

Undue and unexplained delay in considering and disposing of a detenu's representation violates the constitutional mandate of Article 22(5), rendering the detention order invalid.

Court Disposition

Appeal allowed; detention order set aside.

Orders

  • Order of the High Court set aside.
  • Detenu to be set at liberty forthwith, unless his detention is required for another cause.