Supreme Court of India · 1969-11-05
JAYANARAYAN SUKUL vs STATE OF WEST BENGAL
- Citation / case number
- SC 1969/60014
- Court
- Supreme Court of India
- Petitioner
- JAYANARAYAN SUKUL
- Respondent
- STATE OF WEST BENGAL
- Author
- HIDAYATULLAH, M. (),SHELATM.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,VAIDYIALINGAM, C.A.,GROVER, A.N.,RAY, A.N.
Judgment text excerpt
The Supreme Court held that under Article 22(5) of the Constitution and Section 7 of the Preventive Detention Act, 1950, the State Government must consider a detenu's representation before referring the case to the Advisory Board. The Court established that inordinate delay in considering such representation violates constitutional guarantees. The Court found that the State Government failed to act with reasonable expedition in this case, leading to the quashing of the detention order.