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TMI Blog2007 (4) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1980 (in short the 'Act') read with Home Department's Order No.17(1)/49/80-S(Pt) dated 31.5.2005 was challenged. Though several grounds were urged in support of the application, the High Court accepted the stand that there was unexplained delay in disposing of the representation made. It is to be noted that counter affidavit had been filed giving details of the steps taken after the receipt of the representation. It was explained that some time was taken to obtain the view of the sponsoring authority. The High Court held that the views of the sponsoring authority were not necessary to be taken and, therefore, the delay had not been properly explained. Accordingly the order of detention was quashed. Learned counsel for the appellant su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the representation is addressed to deal with the same with utmost expedition. 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. The stringency and concern of the judicial vigilance that is needed was aptly described in the following words in Tho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... able activities. (See Rex v. Nallidev (1917 AC 260); Mr. Kubic Dariusz v. Union of India and others (AIR 1990 SC 605). But at the same time, a person's greatest of human freedoms, i.e., personal liberty is deprived, and, therefore, the laws of preventive detention are strictly construed, and a meticulous compliance with the procedural safeguard, however, technical is mandatory. The compulsions of the primordial need to maintain order in society, without which enjoyment of all rights, including the right of personal liberty would lose all their meanings, are the true justifications for the laws of preventive detention. This jurisdiction has been described as a "jurisdiction of suspicion", and the compulsions to preserve the values of freedom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 23, 24 and 25, 1989 were nonworking days. The representations were received by the COFEPOSA Unit on December 28, 1989. On the very next day i.e. December 29, 1989 they were forwarded to the sponsoring authority for comments. December 30 and 31, 1989 were non-working days. Similarly, January 6 and 7, 1990 were nonworking days. The comments of the sponsoring authority were forwarded to the COFEPOSA Unit on January 9, 1990. Thus it is obvious that the sponsoring authority could not have received the representation before January 1, 1990. Between January 1, 1990 and January 8, 1990 there were two nonworking days, namely, January 6 and 7, 1990 and, therefore, the sponsoring authority can be said to have offered the comments within the four or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of each case and in the present case we are satisfied that there was no delay at all as is apparent from the facts narrated above. We, therefore, do not find any merit in this submission." Again in Dr. Prakash v. State of T.N. and Ors. (2002 (7) SC 759) it was held as follows: "It is lastly contended that the State Government was prejudiced by the opinion rendered by the detaining authority. This argument is built around the fact that the State Government sought parawise remarks from the 2nd respondent while dealing with the petitioner's representation. In response to that the 2nd respondent while sending his remarks in the last para stated that the petitioner's representation may be rejected. This recommendation according to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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