https://www.taxtmi.com/caselaws?id=396305 A specially empowered detaining authority must consider a detenue's representation independently and with expedition; it cannot defer decision merely because the matter is pending before the Advisory Board. Applying binding Supreme Court authority, the High Court found no valid explanation for the delay in deciding the representation and rejected the argument that consideration could await the Board's opinion. The Court also held that prospective overruling was not available before it. The unexplained delay was therefore unconstitutional and the failure to decide the representation independently vitiated the detention. en-us Mon, 29 Jun 2020 00:00:00 +0530 Wed, 10 Feb 2021 12:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=396305 A specially empowered detaining authority must consider a detenue's representation independently and with expedition; it cannot defer decision merely because the matter is pending before the Advisory Board. Applying binding Supreme Court authority, the High Court found no valid explanation for the delay in deciding the representation and rejected the argument that consideration could await the Board's opinion. The Court also held that prospective overruling was not available before it. The unexplained delay was therefore unconstitutional and the failure to decide the representation independently vitiated the detention. Case-Laws Indian Laws Mon, 29 Jun 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=396305