1980 JTR(SC) 46
1980 AIR(SC) 1123 ; 1980 CriLR 240 ; 1980 CrLJ 804 ; 1980 UJ 513 ; 1980 KHC 861
SUPREME COURT OF INDIA
S. MURTAZA FAZAL ALI, P.S. KAILASAM AND A.D. KOSHAL, JJ.
Chandroo Kundan Dass Pamnani, Petitioner
Versus
Union of India and others etc., Respondents.
Criminal Writ Petn. Nos. 1377 and 1377A of 1979
Decided on 30-1-1980.
Act Referred :CONSTITUTION OF INDIA : Art.22(5)
Constitution of India, 1950 - Inordinate And Unexplained Delay - Considering Representation Filed Fully Cover Present Case - There is an inordinate and unexplained delay in considering representation filed by detenu writ petition is allowed and order of detention passed against petitioner is set aside and petitioner- detenu is directed to be released forthwith - Held, In view of our order releasing detenu Writ Petition being a petition from jail becomes infructuous and hence no orders need be passed in relation thereto - Petition Allowed.
Constitution of India, 1950 - Inordinate And Unexplained Delay - Considering Representation Filed Fully Cover Present Case - There is an inordinate and unexplained delay in considering representation filed by detenu writ petition is allowed and order of detention passed against petitioner is set aside and petitioner- detenu is directed to be released forthwith - Held, In view of our order releasing detenu Writ Petition being a petition from jail becomes infructuous and hence no orders need be passed in relation thereto - Petition Allowed.
JUDGMENT
FAZAL ALI, J.:—For the reasons that we have given in Writ Petition No. 1376 of 1979 : (reported in AIR 1980 SC 798) which fully cover the present case where also there is an inordinate and unexplained delay in considering the representation filed by the detenu, the writ petition is allowed and the order of detention passed against the petitioner is set aside and the petitioner- detenu is directed to be released forthwith.
2. In view of our order releasing the detenu, Writ Petition No. 1377A/79 being a petition from jail, becomes infructuous and hence no orders need be passed in relation thereto.
Petition allowed.
For Citation : AIR 1980 SC 1123