Court Finds Delays in Informing Rights and Processing Representations Violate Constitutional Safeguards
In a significant ruling, the Punjab and Haryana High Court quashed a preventive detention order against petitioner Bala, citing substantial delays in informing her of her constitutional rights and processing her representations. The court found these delays to be in violation of Article 22(5) of the Constitution of India, which provides safeguards against arbitrary detention.
The case was presented before Justice Virinder Aggarwal, who emphasized the constitutional mandate for timely communication of rights and expedient consideration of representations. The petitioner, Bala, had been detained under an order dated November 1, 2025, by the Home Secretary, Chandigarh Administration, following an earlier quashed detention order.
The court highlighted a 45-day delay in informing the petitioner of her right to make a representation to the Central Government. Furthermore, significant delays were noted in the processing of her representations, with the Central Government taking over five months to decide on her appeal. These lapses were found to undermine the constitutional protection intended to prevent arbitrary detention.
The judgment drew upon various Supreme Court precedents underscoring the need for prompt action in matters of preventive detention, given its impact on personal liberty. The court concluded that the procedural delays amounted to a flagrant violation of Article 22(5), rendering the detention unconstitutional.
This ruling reinforces the judiciary's role in upholding constitutional safeguards and ensuring that preventive detention is not used without strict adherence to procedural requirements.
Bottom Line :
Preventive detention order quashed due to unexplained and substantial delay in apprising the detenue of her constitutional right under Article 22(5) of the Constitution of India to make representation to the Central Government and in the subsequent consideration of her representation by the competent authorities.
Statutory provision(s): Article 22(5) of the Constitution of India, PITNDPS Act, 1988, Article 21 of the Constitution of India
Bala v. U.T. Chandigarh, (Punjab And Haryana) : Law Finder Doc id # 2966582
