Chandroo Kundan Dass Pamnani v. Union Of India And Others Etc

Chandroo Kundan Dass Pamnani v. Union Of India And Others Etc

(Supreme Court Of India)

Criminal Writ Petns. Nos. 1377 and 1377A of 1979 | 30-01-1980

FAZAL ALI, J.

1. For the reasons that we have given in Writ Petition No. 1376 of 1979 : (reported in AIR 1980 SC 798 [LQ/SC/1980/42] ) 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.

3. Petition allowed.

Advocate List
Bench
  • HON'BLE JUSTICE SYED M. FAZAL ALI
  • HON'BLE JUSTICE P. S. KAILASAM
  • HON'BLE JUSTICE A. D. KOSHAL
Eq Citations
  • AIR 1980 SC 1123
  • 1980 CRILJ 804
  • 1980 (12) UJ 513
  • LQ/SC/1980/40
Head Note

Constitution of India — Art. 226 — Writ petition — Maintainability — Habeas corpus — Petition from jail — Writ petition allowed and order of detention set aside — In view of this, writ petition from jail became infructuous — Preventive Detention — Constitution of India, Art. 226 (Paras 1 and 2)