TaxTMI Login
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Just a moment...
AI OCR ✕Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether a detenu's pending representation had to be forwarded to the Advisory Board when the matter was remitted to it, and whether failure to do so vitiated the detention and consequential confirmation.
Analysis: The representation was submitted while the matter was still pending before the Central Government and remained undecided when the case was referred to the Advisory Board. The governing preventive detention scheme, read with the constitutional safeguard under Article 22, requires the appropriate Government to forward a pending representation to the Advisory Board so that the Board may consider the full challenge to detention. The obligation to consider the representation by the Government and the obligation to transmit a pending representation to the Board operate harmoniously; neither excludes the other. The fact that the Government later rejected the representation while the Board proceedings were still pending did not cure the earlier omission, because the representation had not been placed before the Board for its effective consideration.
Conclusion: The failure to forward the pending representation to the Advisory Board rendered the detention constitutionally invalid, and the order of confirmation also could not survive.
Ratio Decidendi: In preventive detention matters, if a detenu's representation is pending when the case is referred to the Advisory Board, the representation must be forwarded to the Board for consideration, and omission to do so vitiates the detention.
TaxTMI 
TaxTMI 
