UNION OF INDIA vs HARISH KUMAR

The Supreme Court held that the non-consideration of the detenu's representation dated 01.10.2002 by the Central Government violated Article 22(5) of the Constitution, which mandates timely consideration of such representations. The Court upheld the Delhi High Court's decision that the detention order under Section 3(1) of the COFEPOSA Act was vitiated due to this failure, rendering it otiose. However, the Court noted that the detenu had already been released, and thus no further directions for release were necessary.