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1994 (11) TMI 199 - SC - CustomsWhether the delay on the part of the jailor in despatching the representation received by him on 4th May, 1994 to the Central Government has violated the constitutional right under Articles 22(5) or not? Held that:- The constitutional right of the detenu under Article 22(5) has got violated on account of the non-sending of the copy of the representation by the jailor to the appropriate authority of the Central Government as expeditiously as possible after he received it on 4th May, 1994 and hence continued detention of the detenu has become illegal. The appeal is, therefore, allowed. The judgment and order passed by the High Court are set aside. The respondents are directed to set the detenu, M. Balakrishnan at liberty, if not otherwise required to be detained in any other case.
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