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.
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.
Advocates List
For
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE JUSTICE SYED M. FAZAL ALI
HON'BLE JUSTICE P. S. KAILASAM
HON'BLE JUSTICE A. D. KOSHAL
Eq Citation
AIR 1980 SC 1123
1980 CRILJ 804
1980 (12) UJ 513
LQ/SC/1980/40
HeadNote
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)
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