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may 1990

Supreme Court of India · 1990-05-02

MAHESH KUMAR CHAUHAN @ BANTI vs UNION OF INDIA AND ORS.

Citation / case number
SC 1990/76989
Court
Supreme Court of India
Petitioner
MAHESH KUMAR CHAUHAN @ BANTI
Respondent
UNION OF INDIA AND ORS.
Author
S.R. PANDIAN
Bench
S.R. PANDIAN

Judgment text excerpt

The Supreme Court held that the delay in considering a detenu's representation under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, violated Article 22(5) of the Constitution. The Court emphasized that representations must be disposed of expeditiously, and any delay must be satisfactorily explained by the appropriate authority. The appeal was allowed, and the detention order was deemed unconstitutional due to the undue delay in processing the representation.

MAHESH KUMAR CHAUHAN @ BANTI vs UNION OF INDIA AND ORS. · Niyam