ABDUS SUKKUR versus THE STATE OF WEST BENGAL

ABDUS SUKKUR versus THE STATE OF WEST BENGAL

The State Government's unexplained delay of 27 days in considering the detenu's representation violated the constitutional mandate under Article 22(5) and rendered the detention invalid.

Parties
Petitioner: Abdussukkur; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
30 May 1972
Procedural Posture
Writ Petition / Final Decision on Merits Under Article 32 (original Jurisdiction)
Outcome
Petition allowed; detention declared invalid; petitioner directed to be set at liberty.
Legal Topics
Article 22(5) of the Constitution of India, Preventive Detention, Habeas Corpus, Timely Consideration of Representation
Constitutional Law Preventive Detention Article 22(5) of the Constitution of India Habeas Corpus Timely Consideration of Representation

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Parties

Abdussukkur

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition / Final Decision on Merits Under Article 32 (original Jurisdiction)

Legal Issues

  1. 1 Whether unexplained delay by the State Government in considering the detenu's representation under the West Bengal (Prevention of Violent Activities) Act, 1970, invalidates the order of detention under Article 22(5) of the Constitution.

Ratio Decidendi

The State Government's unexplained delay of 27 days in considering the detenu's representation violated the constitutional mandate under Article 22(5) and rendered the detention invalid.

Court Disposition

Petition allowed; detention declared invalid; petitioner directed to be set at liberty.

Orders

  • The rule is made absolute. Petitioner is set at liberty.