The Kerala High Court has quashed a preventive detention order and directed the immediate release of a detainee, ruling that a four-month delay by authorities in deciding on his petition violated his fundamental constitutional rights.
A division bench consisting of Chief Justice Soumen Sen and Justice Syam Kumar V M declared that criminal accusations do not dilute the constitutional safeguards guaranteed to individuals. The court instructed jail officials to free the petitioner immediately, provided he is not wanted in any other legal matter.
The case involves a man detained under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act. Under Article 22(5) of the Indian Constitution, individuals placed under preventive detention have the right to submit a representation challenging their detention. In this instance, the court found that the government took more than four months to address the petitioner’s objection.
Call For Better Administrative Coordination
In its ruling, the High Court urged both the Union and state governments to set up an active administrative mechanism to ensure representations are processed swiftly. The bench stated that administrative departments must coordinate to immediately correlate official reports filed under the PIT NDPS Act with any subsequent representations submitted by detainees.
Constitutional Safeguards Are Non-Negotiable
The bench agreed with the petitioner’s counsel that the extensive delay, combined with the mechanical and unreasonable manner in which the representation was finally rejected, effectively nullified his constitutional protections.
The court emphasized that administrative shortcomings or a lack of coordination between central and state departments cannot be cited as a justification for denying a citizen their fundamental protection against unlawful or continued detention. It added that constitutional mandates must be strictly followed and cannot be ignored or rendered ineffective.
