Swarna Shukla –
Published On: October 31, 2021 at 09:49 IST
The Apex Court observed that failure of Government to communicate rejection of a Detenu’s representation in a time-bound manner will vitiate the order of Detention passed under National Security Act (NSA).
The three Judges Bench headed by Justice D Y Chandrachud viewed that the Detenu has the right to have his/her representation, considered expeditiously and on the failure of such, will lead to invalidation of the Detention order.
The Accused in the Case was Arrested after a FIR was registered claiming that he obtained fake Remdesivir injections, which were used in the treatment of COVID-19 patients, in order to make money by risking the lives of the patients.
Later the Accused was detained under Section 3 (2) of the NSA for three months.
The Accused submitted representation against the Detention order to the Home Department of the State Government and Ministry of Home Affairs of the Central Government.
The State Government under Section 10 of the NSA, submitted the grounds for Detention to the Advisory Board, and the Board opined that there were sufficient reasons for Detention.
The Detenu challenged the Order in the High Court, on dismissal of his Writ Petition he approached the Supreme Court.
The Accused argued before the Supreme Court that the State Government did not furnish a reply on representation and rejected it 15 July 2021.
The Bench in its reply stated, “Article 22(5) of the Constitution mandates that (a) the Authority making the order shall communicate the grounds on which the order has been made to the person detained. (b) the Detaining Authority shall afford to the person detained the earliest opportunity of making a representation against the Order.”
The Court noted that the representation made by the Appellant on 18 May 2021, was reportedly rejected after almost two months on 15 July 2021 by the State Government.
The Court determined that there was a failure in timely communication of the rejection of representation which therefore, is an important factor in delay of Detenu.
The Court therefore, set aside the High Court Judgement and Quashed the Detention Order.
Also Read: What is Preventive Detention?
What is the difference between Illegal Detention and Abduction?