9911796707
|
Home
Issues involved:
- Unreasonable delay in considering the detenu's representation leading to illegal detention. Detailed analysis: The appellant, the wife of a person detained under the Tamil Nadu Prevention of Dangerous Activities Act, challenged the detention order due to unreasonable delay in considering the detenu's representation. The detenu had submitted a representation on 7.10.97, which was finally rejected by the Government on 10.11.97. The State Government failed to provide a satisfactory explanation for the delay in processing the representation. Despite being given an opportunity to respond, the Government did not file a counter affidavit to justify the delay. The Court noted that while the delay itself may not be fatal, unexplained delay becomes unreasonable. The Government's indifference and failure to promptly address the detenu's representation led to the illegal detention. Consequently, the Court allowed the appeal, quashed the detention order, and directed the detenu's immediate release unless required in connection with another case.
|
