Case Law Analysis
|Karnataka High Court
Article 22(5) Violation | Unexplained 4-Month Delay in Considering Detenu's Representation Vitiates Preventive Detention: Karnataka HC
Karnataka High Court quashed a preventive detention order under the PITNDPS Act, 1988, ruling that an unexplained delay of over four months in considering the detenu's representation violates the constitutional mandate under Article 22(5). The judgment reinforces that procedural safeguards in preventive detention must be strictly adhered to, impacting detenu rights and state accountability.