Supreme Court of India · 1989-04-04
ASLAM AHMED ZAHIRE AHMED SHAIK vs UNION OF INDIA AND ORS.
- Citation / case number
- SC 1988/70729
- Court
- Supreme Court of India
- Petitioner
- ASLAM AHMED ZAHIRE AHMED SHAIK
- Respondent
- UNION OF INDIA AND ORS.
- Author
- S.R. PANDIAN
- Bench
- S.R. PANDIAN
Judgment text excerpt
The Supreme Court quashed the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, due to an unreasonable delay of 11 days in transmitting the detenu's representation to the Central Government. The Court emphasized that authorities must act with reasonable promptness in handling representations, as delays can infringe upon the rights guaranteed under Article 22(5) of the Constitution. The Court held that the slackness exhibited by the jail Superintendent invalidated the detention order.