The Judges also noted that the Union Government had not

Bs_logoImage
Press Trust of India
Last Updated : Feb 12 2013 | 10:15 AM IST
considered the representation of the detenu expeditiously and diligently. It called upon the Centre to explain as to when the representation had reached the authority, when it was considered and the result finally communicated to the detenu. "The continued detention will be held to be illegal and bad in law, for not considering the representation of the detenu expeditiously and diligently. The order of detention is illegal and bad in law, ought to be quashed and set aside," the judges further noted in their order delivered recently. "The requirement in law is that there should not be supine indifference, slackness or callous attitude in considering the representation. Any unexplained delay in the disposal of representation would be a breach of constitutional imperative and it would render continued detention impermissible and illegal. This has been emphasised and reemphasised by a series of decisions of this Court." "In the facts of the present case, due to complete failure on the part of Respondent 3 (Union government) to explain the delay, obviously there is a non-compliance with the constitutional safeguard provided under Clause (5) of Article 22 of the Constitution of India. The reply of the third Respondent discloses callous attitude while dealing with the representation," the judges remarked.

You’ve hit your limit of 5 free articles this month.
Subscribe now for unlimited access.

Already subscribed? Log in

Subscribe to read the full story →
Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Access to Exclusive Premium Stories Online

  • Over 30 behind the paywall stories daily, handpicked by our editors for subscribers

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Feb 12 2013 | 10:15 AM IST

3 out of 5 articles left

Subscribe to read without limits
Subscribe Now