2000 (1) TMI 985

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....t case it is an admitted fact that by order dated 1st March, 1999 the appellant was detained under the COFEPOSA Act, 1974. He submitted a representation dated 20th March, 1999 through the Superintendent, Central Prison, Trivandrum. That representation was received by the Detaining Authority on 22nd March, 1999. It is submitted that on 23rd March, 1999 the Detaining Authority called for the remarks....

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....ion for the decision to be taken on the representation, the words "as soon as may be" in Clause (5) of Article 22 convey the message that the representation should be considered and disposed of at the earliest. If there is delay in considering the representation the Court can consider whether the delay was occasioned due to permissible reasons or unavoidable causes. In the present case there is ab....