ASHOK KUMAR BINNY AND HANSRAJ vs STATE OF JAMMU & KASHMIR & OTHERS

The Supreme Court ruled that the continued detention of the petitioners under Section 8 of the Jammu & Kashmir Public Safety Act, 1978, was invalid due to the Advisory Board's failure to submit its report within the eight-week period mandated by Section 16(1) of the Act. The Court emphasized the importance of adhering to the time limits set by the Constitution and the Act for preventive detention, as personal liberty is at stake. Consequently, the Court ordered the release of the petitioners, reinforcing the principle that any delay in the Advisory Board's process undermines the legality of detention.