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Issues involved: Appeal against the judgment of the High Court of Allahabad dismissing a petition for a writ of habeas corpus under Article 226 of the Constitution of India due to delay in deciding the representation made against the detention.
Summary: The appellant appealed against the High Court's decision to dismiss the petition for a writ of habeas corpus, arguing that the delay in deciding his representation against detention was fatal to the detention. The representation was made on 3rd June, 1980, and the State Government took various steps in considering it, including seeking comments from Customs authorities and consulting the Law Department. The State Government's handling of the representation was criticized by the Court for delays and lack of proper action. The Court emphasized the importance of promptly considering such representations, especially in cases involving the liberty of individuals. Due to the delays in this case, the Court declared the detention unconstitutional, allowed the appeal, and directed the immediate release of the appellant. In conclusion, the Supreme Court allowed the appeal, declaring the detention unconstitutional due to the delays in deciding the representation made by the appellant against his detention. The Court emphasized the importance of promptly considering such representations, especially in cases involving individual liberty, and criticized the State's handling of the matter. The appellant was directed to be set at liberty forthwith.
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