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2020 (6) TMI 680 - HC - Indian LawsViolation of Fundamental Rights - delay of 43 days by the Detaining Authority in deciding the representation of the petitioner - petitioner is in custody since 11th October, 2019 - detenues challenged the Detention Order on the ground that the Detaining Authority ought to have considered the representation without waiting for the report of the Central Advisory Board and delay in consideration of the representation violated the rights of the detenues guaranteed by the Constitution - COFEPOSA Act. HELD THAT:- There is no valid explanation for non-consideration of the petitioner’s representation from 06th November, 2019 to 18th December, 2019. There is no merit in the respondents’ explanation that they were waiting for the report of the Central Advisory Board - The delay on the part of the Detaining Authority to consider the petitioner’s representation violated his constitutional rights. The issue is decided in the case of ANKIT ASHOK JALAN VERSUS UNION OF IDNIA AND ORS. [2020 (3) TMI 248 - SUPREME COURT] where it was held that Once the detention order has been made by any of the authorities competent to detain in terms of Section 3 (1) of the COFEPOSA Act, the representation to seek revocation of the detention order can be considered and decided by the Detaining Authority dehors the decision of the Advisory Board and the acceptance of recommendation by the appropriate Government. The Detention Order dated 21st February, 2018 is hereby quashed and the detenue is directed to set at liberty forthwith - Petition allowed.
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