In Brief
Ankit Ashok Jalan and Amit Jalan challenged detention orders issued by a Joint Secretary under the COFEPOSA Act 1974. The detainees had made representations requesting revocation, but the detaining authority deferred consideration pending the Advisory Board's opinion. The Supreme Court held (majority) that a specially empowered officer must consider representations independently and expeditiously, without waiting for the Advisory Board report. The 48-day delay in considering the representation constituted an undue infringement of constitutional rights under Article 22(5). The Court found the detention unconstitutional and quashed the orders, directing immediate release of the detainees. One judge dissented, finding that deferring consideration pending the Advisory Board's decision was reasonable, particularly where the Board comprises High Court judges.
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