Chandroo Kundan Dass Pamnani vs Union Of India

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(SC) 46

SUPREME COURT OF INDIA
S. MURTAZA FAZAL ALI, P.S. KAILASAM AND A.D. KOSHAL, JJ.
Chandroo Kundan Dass Pamnani, Petitioner
Versus
Union of India and others etc., Respondents.
Criminal Writ Petn. Nos. 1377 and 1377A of 1979
Decided on 30-1-1980.

Headnote:
Constitution of India, 1950 - Inordinate And Unexplained Delay - Considering Representation Filed Fully Cover Present Case - There is an inordinate and unexplained delay in considering representation filed by detenu writ petition is allowed and order of detention passed against petitioner is set aside and petitioner- detenu is directed to be released forthwith - Held, In view of our order releasing detenu Writ Petition being a petition from jail becomes infructuous and hence no orders need be passed in relation thereto - Petition Allowed.

JUDGMENT

FAZAL ALI, J.:—For the reasons that we have given in Writ Petition No. 1376 of 1979 : (reported in AIR 1980 SC 798) which fully cover the present case where also there is an inordinate and unexplained delay in considering the representation filed by the detenu, the writ petition is allowed and the order of detention passed against the petitioner is set aside and the petitioner- detenu is directed to be released forthwith.

2. In view of our order releasing the detenu, Writ Petition No. 1377A/79 being a petition from jail, becomes infructuous and hence no orders need be passed in relation thereto.

Petition allowed.

For Citation : AIR 1980 SC 1123

Click Here to Read the rest of this document