1970 (12) TMI 91

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..... Maharashtra Preventive Detention Act No. 18 of 1970 infringes the guarantee of the fundamental freedom under Articles 19, 21 and 22 of the Constitution. We have also heard arguments as to the nature of the jurisdiction exercised by the Advisory Board and by the State Government in dealing with the representation made by the detenu detained under the Act. We do not however think it necessary to exp .....

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..... s soon as may be, but not later than five days from the date of detention, communicate to him the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order to the State Government. The representation having been made, it was the duty of the Government to dispose of that representation without undue delay. There is no clear .....

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..... sentation one month 12 days after the petitioner was taken in custody, and 27 days after the representation was received. Again the representation was rejected after the expiry of the period for making a reference to the Advisory Board. Following the judgment in Durga Show's case (supra) referred to above we direct that the detenu be released forthwith.
Case laws, Decisions, Judgements, Or .....

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