detention representation will vitiate the order of detention.
(ii). Besides failing to consider the pre-detention
representation, the Detaining Authority failed to forward the pre ... representation along with the proposal for
detention as ?Goonda?. The Detaining Authority to whom the pre-detention
representation was made also failed to call
before passing the detention order by the Detaining Authority. The grounds of detention do not reveal that the said pre-detention representation dated ... concerned detenus in their pre-detention representations and the non placement of such pre-detention representation was held to amount to non application of mind
then only passed an order of detention and therefore, the non consideration of the pre-detention representation will not vitiate the order of detention which ... effect that the detention is not vitiated as contents of pre-detention representation is identical to the contents of anticipatory bail application which was duly
unexplained and unreasonable delay.
(8) The detenu had sent a pre-detention
representation/retraction letter on 7.7.2006 addressed to
the Law Minister of the State ... pre-detention
representation dated 7/8.7.2006. On the other hand, the
authorities rejected such subsequent representation by
simply stating that no such pre
detention order came to be passed.
2. The detention order is questioned mainly on three grounds. Firstly, a pre-detention representation dated 5.9.2007 was sent ... before the detaining authority would vitiate the order of detention. Secondly, in the pre-detention representation, the detenu had specifically requested to compound the offence
order of detention on the following grounds, viz., (1) even prior to the order of detention, a pre-detention representation was made by the detenue ... Government. Hence, the order of detention is vitiated for non-consideration of the pre-detention representation. (2) Secondly, there was a delay in the disposal
taken us through the grounds of detention and placing relevant files would submit that pre-detention representation was duly considered and the Detaining Authority ... order of detention. Quashing the detention order, this Court has held as follows :-
"5.Having considered the pre-detention representation dated 22.09.2004 and having
when the grounds of detention was made and the order of
detention was passed, the receipt of pre-detention representation was
acknowledged by the detaining ... consideration of the representation, be it a pre-detention
representation or a representation after the detention order is clamped, is to
ensure the safeguard
pass the order of detention. Hence there is no doubt that the pre-detention representation is a relevant document to be considered before ever ... above extracted portion of the grounds of detention, it is clear that the pre-detention representation was produced by the sponsoring authority before the detaining
pass the detention order dated 25.9.2004 without getting the remarks and without taking a decision on the pre-detention representation. This shows that the Detaining ... refer to the pre-detention representation in the detention order. Admittedly, the pre-detention representation has not been disposed of by the Detaining Authority
