https://www.taxtmi.com/caselaws?id=293473 A detaining authority under the COFEPOSA Act must independently and expeditiously consider a detenu's representation and cannot defer decision until the Advisory Board's opinion is received. Relying on Article 22(5) and the Supreme Court's ruling in Ankit Ashok Jalan, the Kerala High Court noted that prompt disposal of the representation is a constitutional safeguard in preventive detention matters. Unexplained inaction or undue delay in dealing with the representation violates that safeguard and renders continued detention illegal, invalid and unconstitutional, leading to quashing of the detention and confirmation orders. en-us Tue, 17 Mar 2020 00:00:00 +0530 Thu, 11 Feb 2021 20:27:58 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=293473 A detaining authority under the COFEPOSA Act must independently and expeditiously consider a detenu's representation and cannot defer decision until the Advisory Board's opinion is received. Relying on Article 22(5) and the Supreme Court's ruling in Ankit Ashok Jalan, the Kerala High Court noted that prompt disposal of the representation is a constitutional safeguard in preventive detention matters. Unexplained inaction or undue delay in dealing with the representation violates that safeguard and renders continued detention illegal, invalid and unconstitutional, leading to quashing of the detention and confirmation orders. Case-Laws Indian Laws Tue, 17 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=293473