In Brief
In this appeal against a High Court order quashing a COFEPOSA Act detention order, the Supreme Court clarified the constitutional requirements for rejection of a detenu's representation. The Court held that while a detenu has a right to fair consideration of his representation under Article 22(5), the order rejecting the representation need not be communicated by the competent authority itself—a non-speaking order is sufficient if it shows real and proper consideration. Courts may examine the file to verify genuine consideration. However, the Court directed the detaining authority to reconsider whether the detenu should be remitted to serve the remaining detention period, given the lapse of time since the initial order and the absence of proximity to the detention period prescribed.
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