9911796707
|
Home
Issues:
1. Conflict between judgments in Ram Bali Rajbhar v. The State of West Bengal & Ors. and Pushpa v. Union of India & Ors. 2. Consideration of representations made against the order of detention. 3. Failure to constitute a fresh Advisory Board for considering a representation. 4. Detention period and parole considerations. Conflict between Judgments: The Supreme Court addressed the doubt raised by a three-judge bench regarding the observations made in Ram Bali Rajbhar v. The State of West Bengal & Ors. and Pushpa v. Union of India & Ors. The Court found no conflict between the two judgments. It was concluded that the view expressed in Rajbhar's case laid down the correct law and did not require reconsideration. The Court noted that the detenu in Pushpa's case had made representations against the detention order, which were duly considered. Ultimately, the Court agreed that there was no area of conflict between the two judgments. Consideration of Representations: In the case at hand, the petitioner had made representations against the order of detention, which were considered by the detaining authority and the Advisory Board. Despite the rejection of these representations, the petitioner continued to challenge the detention order through multiple writ petitions. The Court observed that the petitioner's subsequent representation did not introduce any fresh material or events warranting a new consideration. Consequently, the rejection of the representation by the Delhi Administration was deemed justified, as there were no new grounds presented. Failure to Constitute a Fresh Advisory Board: The petitioner argued that the failure to constitute a fresh Advisory Board to consider a representation rendered the detention order invalid. However, the Court disagreed, emphasizing that since the petitioner had unsuccessfully challenged the detention order multiple times before, the subsequent representation lacked merit. The Court deemed the petitioner's actions as an attempt to file another writ petition without valid grounds, leading to the rejection of the representation by the Delhi Administration. Detention Period and Parole Considerations: Regarding the detenu's period of detention and subsequent release on parole, the Court acknowledged that the detenu had already spent about ten months in detention before being released on parole. Considering the substantial time that had elapsed since the detention order, the Court deemed it unjust to revoke the parole and require the detenu to serve the remaining two months of detention. Consequently, the Court decided that the detenu need not be taken back into custody to complete the remaining detention period, thereby dismissing the writ petition. In conclusion, the Supreme Court's judgment addressed the issues of conflicting judgments, the consideration of representations, the failure to constitute a fresh Advisory Board, and the detenu's detention period and parole considerations, providing detailed analysis and reasoning for each aspect of the case.
|
