The Supreme Court has quashed a preventive detention order under the National Security Act, holding that delay in considering the detenu’s representation vitiates both the detention and its approval.

The bench of Justices M.M. Sundresh and N. Kotiswar Singh found that the detenu’s representation was not forwarded promptly and was considered only after the State had already approved the detention order. The Court emphasised that authorities are under a constitutional obligation to examine such representations at the earliest point of time.

“A duty is imposed on the concerned Government to consider the representation of the detenu at the earliest point of time. In the present case, the detaining authority did not forward the representation to the State Government immediately, though it had actually been sent to the detaining authority by the prison authority at the earliest point of time. The State Government on its part has approved the detention order and only thereafter, considered the detenu’s representation.”

Holding the delay fatal to the detention, the Court set aside the High Court’s order and directed the immediate release of the detenu.

Appearances

Petitioner- Mr. Siddhartha Dave, Sr. Adv. Mr. Shoeb Alam, Sr. Adv. Mr. Prastut Mahesh Dalvi, AOR Ms. Vidhi Pankaj Thaker, Adv. Ms. Alekhya Shastry, Adv.

For Respondent- Mr. Anil Kaushik, A.S.G. Mr. Pranjal Singh, Adv. Ms. Prerna Dhall, Adv. Ms. Astha Singh, Adv. Mr. Raman Yadav, Adv. Mr. Arvind Kumar Sharma, AOR