SK. SEKAWAT vs THE STATE OF WEST BENGAL

The Supreme Court held that the detention order under Section 3 of the Maintenance of Internal Security Act, 1971 was unlawful as it violated Article 22(5) of the Constitution. The Court emphasized that the State Government must consider the representation of the detenu as soon as it is received, and failing to do so renders the detention invalid. Consequently, the Court set aside the detention order, reinforcing the necessity for timely consideration of representations by the detaining authority.