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1991 (2) TMI 232 - SUPREME COURTWhether there has been any infraction of the guarantee under Article 22(5) of the Constitution as a result of Central Government’s omission to consider the detenu’s representation independent of its consideration by the Advisory Board? Held that:- As it is not disputed that there has been a breach by the Central Government of its duty under Article 22(5) of the Constitution of India to consider and decide the representation independently of the Advisory Board’s opinion. The order of detention dated 25-1-1990 as well as the order dated 24-4-1990 of its confirmation passed by the Central Government are, therefore, quashed. This shall not, however, affect the detenu’s prosecution for the alleged offence and it shall also not be construed as a direction to release him in case he is in custody as a result of refusal of bail. The writ petition is allowed, accordingly.
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