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Issues:
Detention under National Security Act, 1980; Right to make representation to Central Government; Refusal to forward representation; Violation of Article 22(5) of the Constitution of India. Analysis: The judgment pertains to a case where a detenu was detained under the National Security Act, 1980 by the District Magistrate, and subsequently made representations to the State Government and Central Government regarding the detention. The detaining authority refused to forward the detenu's representation to the Central Government, citing delay as the reason. The sole contention raised in the petition was the detenu's right to make a separate representation to the Central Government, independent of the one made to the State Government, to seek revocation of the detention order under Section 14 of the Act. In response to the detaining authority's argument that the detenu's initial representation had already been considered and rejected by the Central Government, the Court found the reasoning untenable. The Court highlighted that there is no limitation period for a detenu to make representations, and the obligation of the Central Government to consider such representations exists as long as the detention continues. The Court emphasized that when a representation is made to the Central Government, it is the Central Government's prerogative to decide on its merits, not the detaining authority's. The Court concluded that the refusal of the detaining authority to forward the detenu's representation to the Central Government infringed upon the detenu's right under Article 22(5) of the Constitution of India. As a result, the Court allowed the petition, quashed the detention order, and directed the immediate release of the detenu unless required in connection with another case. The judgment underscores the importance of upholding the procedural rights of detainees and ensuring that their representations are duly considered by the appropriate authorities without undue interference.
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