Case: Abdussukkur Vs. The State Of West Bengal

1. An order was made by the District Magistrate, Burdwan on February 10, 1971 under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (Presidents Act No. 19 of 1970) for the detention of Abdus Sukkur "with a view to preventing him from acting in any manner prejudicial to the maintenance of public order". In pursuance of that order, Abdus Sukkur was arrested on September 24, 1971. Abdus Sukkur thereupon field the present petition through jail under Article 32 of the Constitution to challenge his detention.

Reasoning: The detenu in that case made a representation to the State Government on June 23, 1969 and the same was rejected by the State Government on August 9, 1969. It was held that the Government was guilty of the infraction of the Constitutional provision because of inordinate delay in considering the representation. The petitioner was accordingly set at liberty.7. Reliance in the case of Jayanarayan Sukul v. State of West Bengal (supra) was placed upon an earlier decision of this Court in the case of Khairul Haque v. State of West Bengal (W.P. No. 246 of 1969, decided on September 10, 1969). In that case this Court held that Article 22(5) of the Constitution envisaged a dual obligation of the Government and a corresponding dual right in favour of a detenu, namely, (1) to have his representation independently considered by the Government, and (2) to have that representation, in the light of the facts and circumstances of the case, considered by an Advisory Board. It was observed that the said provision enjoined upon the detaining authority to afford to the detenu the earliest opportunity to make a representation. This fact, in the opinion of the Court, necessarily implied that such a representation must, when made, be considered and disposed of as expeditiously as possible, for otherwise "the obligation to furnish the earliest opportunity to make a representation loses both its purpose and meaning." In Prof. K. I. Singh. v. State of Manipur (AIR 1972 SC 438  : (1972) 2 SCC 576.) , this court held that an unexplained delay of 17 days was enough to render the detention illegal. In Baidya Nath Chunkar v. State of West Bengal (W.P. No. 377 of 1971, decided on March 14, 1972 ((1972) 2 SCC 473.))  unexplained delay of 29 days in considering the representation was held to have vitiated the detention of the detenu. The different cases mentioned above were referred to by this Court in the case of Kanti Lal Bose v. State of West Bengal (W.P. No. 8 of 1972, decided on May 5, 1972 ((1972) 2 SCC 529.))  and it was held that unexplained delay of 28 days in considering the detenus representation would invalidate his detention.