https://www.taxtmi.com/caselaws?id=259893 Continued detention is vitiated where the detaining or sponsoring authority fails to consider and communicate a detenu's representation with promptitude under Article 22(5) of the Constitution. The court treated unexplained and avoidable delay as constitutionally fatal, noting that delay is assessed by the adequacy of the explanation and by whether the representation was handled continuously and expeditiously. On the facts, the representation remained pending for a substantial period, the reliance on intervening holidays was rejected, and inconsistencies in the affidavits weakened the explanation for delayed communication. The detention order was therefore vitiated for violation of Article 22(5). en-us Tue, 20 Jan 2015 00:00:00 +0530 Thu, 31 Dec 2015 11:03:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=259893 Continued detention is vitiated where the detaining or sponsoring authority fails to consider and communicate a detenu's representation with promptitude under Article 22(5) of the Constitution. The court treated unexplained and avoidable delay as constitutionally fatal, noting that delay is assessed by the adequacy of the explanation and by whether the representation was handled continuously and expeditiously. On the facts, the representation remained pending for a substantial period, the reliance on intervening holidays was rejected, and inconsistencies in the affidavits weakened the explanation for delayed communication. The detention order was therefore vitiated for violation of Article 22(5). Case-Laws Customs Tue, 20 Jan 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=259893