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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: (i) Whether the unexplained delay in considering the detenu's representation vitiated the detention order and amounted to violation of Article 22(5) of the Constitution of India.
Analysis: The representation of the detenu was required to be considered with promptitude because preventive detention directly affects personal liberty. The explanation furnished for the interval between receipt of the representation and its disposal was found unsatisfactory and lacking in clarity. The delay was held to be attributable to indifference in the consideration of the representation, and no convincing legal or factual justification was shown for the time taken.
Conclusion: The detention order was vitiated on account of unexplained delay in considering the representation, in breach of the constitutional safeguard under Article 22(5), and the finding was in favour of the petitioner.
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