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2007 (4) TMI 724 - SC - Indian LawsQuashing the order of detention - delay in disposing of the writ petition filed by the detenu - Powers conferred under sub-section (3) of Section 3 of the National Security Act, 1980 ('Act’) r/w Home Department’s Order - infringement of public order - - HELD THAT:- The representation is to be considered in its right perspective keeping in view the fact that the detention of the detenu is based on subjective satisfaction of the authority concerned, and infringement of the constitutional right conferred under Article 22(5) invalidates the detention order. Personal liberty protected under Article 21 is so sacrosanct and so high in the scale of constitutional values that it is the obligation of the detaining authority to show that the impugned detention meticulously accords with the procedure established by law. In the result, the High Court’s impugned order is clearly indefensible and is set aside - Appeal is allowed.
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