Observing that no proper law was followed and authorities failed to consider his plea, the Bombay High Court recently set aside the detention order against a Jalgaon resident.
A division bench of Justice Abhay Oka and Justice M S Sonak said that when the personal liberty of a person was at stake, the government is bound consider his representation as expeditiously as possible.
"Any delay would not only be an irresponsible act on the part of the appropriate authority but also unconstitutional because the Constitution enshrines the fundamental right of a detenu to have his representation considered," observed the bench.
Madhukar Ramkrushna Patil had moved the court after the order, which was passed by the Jalgaon District Magistrate in February 2013, was confirmed by the additional chief secretary (home).
The magistrate had taken action against Patil under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act to prevent him from acting in any manner prejudicial to the maintenance of public order.
The court in its order said that the facts of this case indicated that there was virtually non-consideration of Patil's representation by top home department official. "Delay in consideration of representation, would render the detention unconstitutional," said the order.
The court accepted the arguments made by Advocate U N Tripathi who had said that non consideration of the representation made by Patil frustrated the mandate of Clause (5) of Article 22 of the Constitution of India.
As per the article, it is binding on the detaining authority to afford the person the earliest opportunity to make a representation, must implicitly mean that such a representation when made be considered and disposed of as expeditiously as possible.
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