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1969 (5) TMI 56 - SC - Indian LawsWhether there is on the appropriate Government the obligation to consider the representation made by a detenue? Whether it makes any difference where such a representation is made after the detenue's case is referred to the Advisory Board? Held that:- The petitioners had a constitutional right and there was on the State Government a corresponding constitutional obligation to consider their representations irrespective of whether they were made before or after their cases were referred to the Advisory Board and that not having been done the order of detention against them cannot be sustained. In this view it is not necessary for us to examine the other objections raised against these orders. The petition is therefore allowed, the orders of detention against petitioners 15 and 36 are set aside and we direct that they should be set at liberty forthwith.
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