Non-consideration of representation of detenu for long period, without any explanation, renders detention unconstitutional

The detenu is entitled to be released when his detention order is passed unconstitutionally and illegally. The representation filed by detenu though received on 16.10.2020, same was sent to Chief Minister and Principal Secretary to Government (POLL) on 21.10.2020. This shows that the representation was not dealt with promptitude at that stage. After receipt of same on 21.10.2020, it was sent to Deputy Secretary, GAD, on 22.10.2020 and finally, the said representation was sent to the detaining authority by e-mail on 11.11.2020.

There was no proper explanation as to why there was such a long gap of nearly 20 days in sending an e-mail to the detaining authority or regarding the interregnum period of 15 days for consideration of said representation. Due to said unexplained delay in disposal of the representation, continued detention of the detenu would be unconstitutional and illegal, as a result of which he is entitled to be released.

A representation submitted by a detenu, in the context of preventive detention, relates to the liberty of the individual, a cherished right enshrined in Article 21 of the Constitution. And when the same is not considered by the authorities or is not dealt with promptly, then it results in illegality and abuse of law and the detenu is also deprived of his Constitutional right.

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