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2016 (8) TMI 1559 - HC - Indian LawsRelease from preventive detention - breach of the constitutional guarantees - detention has not been served on the detenu - HELD THAT:- Where declaration of law has been made by the Supreme Court of India it is the law of the land in terms of Article 141 of the Constitution of India. Therefore, the very many principles which apply on terms of the judgments of the Supreme Court are to govern the effectuation of the protective covenant available to the detenu under the preventive detention laws in terms of Sub-Article 5 of Article 22 of the Constitution of India. It is the law laid down by the Apex Court that representation received but not disposed before the case is referred to the COFEPOSA Advisory Board has necessarily to be placed before the Advisory Board and cannot be independently disposed of by the detaining authority during the pendency of the matter with the Advisory Board - the continued detention of the person covered by Ext. P1 order becomes impermissible on the basis of the provisions of the Constitution and the laws. Resultantly, Ext. P1 is hereby declared as null and void. Petition allowed.
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