SALIM RAJMOHMAD MUSLIM versus STATE OF GUJARAT & ORS.

Failure by the State Government to consider and dispose of the detenu's representation constitutes a violation of Article 22(5), rendering the detention illegal and constitutionally impermissible.

Parties: Petitioner: Salim Rajmohmad Muslim; Respondent: State of Gujarat & Ors.
Jurisdiction: India
Judgment Date: 03 May 1988
Procedural Posture: Writ Petition (criminal) No. 124 of 1988 / Final Decision
Outcome: Petition allowed; detention order quashed; petitioner to be set at liberty forthwith.
Legal Topics: Preventive Detention, Right of Representation Under Article 22(5), Delay in Consideration of Representation, Compliance With Constitutional Safeguards

Constitutional Law Criminal Law Preventive Detention Right of Representation Under Article 22(5) Delay in Consideration of Representation Compliance With Constitutional Safeguards

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Parties

Salim Rajmohmad Muslim

Petitioner

State of Gujarat & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) No. 124 of 1988 / Final Decision

Legal Issues

1 Whether failure by the State Government to consider and dispose of the detenu's representation renders detention illegal under Article 22(5) of the Constitution
2 Whether substantial compliance occurred when only the detaining authority disposed of the representation

Ratio Decidendi

Failure by the State Government to consider and dispose of the detenu's representation constitutes a violation of Article 22(5), rendering the detention illegal and constitutionally impermissible.

Court Disposition

Petition allowed; detention order quashed; petitioner to be set at liberty forthwith.

Orders

Order of detention under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985 quashed.
Petitioner to be released forthwith.