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.