1995 (4) TMI 283 - SUPREME COURT

When an order for preventive detention is passed by an officer especially empowered to do so by the Central Government or the State Government, is the said officer required to consider the representation submitted by the detenu?

Held that:- Since the appellant had submitted a representation to the detaining authority, name- ly, the officer who was specially empowered to make an order of detention, and the said officer did not consider the representation there has been a denial of the constitutional safeguard guaranteed under Article 22(5) of the Constitution. As a result the detention of the appellant has to be held to be illegal and the said appeal has to be allowed.

The detenues, namely, Ishwardas Bechardas Patel [father of the appellant] and Jayantilal Somchand Shah [husband of the appellant] are ordered to be set free unless they are required in connection with any other matter.Appeals allowed.