Back
S. S. SHINDE, MILIND N. JADHAV
Premchand – Appellant
Versus
Commissioner Of Police – Respondent
JUDGMENT
MILIND N.JADHAV, J. - Heard.
2. Rule. Rule made returnable forthwith.
3. Petitioner has filed the present Writ Petition for the following relief:
"b. The order of Detention bearing No. TC/PD/DO/MPDA/02/2021 dtd. 24/8/2021 issued under Sec. 3 of M.P.D.A. Act, 1981 by the Respondent No.1 be quashed and set aside and on quashing the same the Petitioner be ordered for release forthwith."
4. Petitioner is presently detained at Nashik Road Central Prison, Nashik and order of detention dtd. 24/8/2021 came to be passed and served upon the Petitioner. On receipt of the said order, the Petitioner submitted a representation to the State Government on 7/12/2021 through the Jail Authorities for consideration and revocation of the order of detention.
5. Learned counsel Ms. Jayshree Tripathi appearing on behalf of the Petitioner submits that the impugned detention order has been passed with total non application of mind by the detaining authority; that the representation dtd. 7/12/2021 filed by the Petitioner for consideration and revocation of the detention order has not been acted upon and has remained unattended with the jail authorities for more than three months; that the Petitioner h
The main legal point established in the judgment is the requirement for expeditious consideration of representations challenging detention orders and the impact of unreasonable delay on the legality ....
The court established that delays in processing representations against detention orders, especially when unexplained, violate constitutional rights and can lead to the quashing of such orders.
Delays in the consideration of representations against detention orders, when not satisfactorily explained, can render such detention unconstitutional and illegal, violating the rights of the detaine....
The central legal point established in the judgment is the requirement for prompt consideration and disposal of representations in cases involving the curtailment of an individual's liberty, as guara....
Delay in considering the representation of a detenu, especially when the liberty of the detenu is at stake, renders the continued detention impermissible and invalid as being violative of Article 22(....
Delay in execution of detention Order - The unreasonable delay in executing order created a serious doubt regarding genuineness of detaining authority as regards immediate necessity of detaining peti....
Delay in considering the detenu's representation by the State Government violated the detenu's constitutional right under Article 22(5) of the Constitution of India, rendering the detention order inv....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
