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april 1989

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.

ASLAM AHMED ZAHIRE AHMED SHAIK vs UNION OF INDIA AND ORS. · Niyam