This content is restricted to site members. If you are an existing user, please log in. New users may register below.Existing Users Log InUsername or EmailPassword Remember Me Forgot password? Click here to resetNew User? Click here to register Post navigation Article 32 of the Constitution of India prays for quashing of the Detention Orders HELD that once the detention order has been made by any of the authorities competent to detain in terms of Section 3 (1) of the COFEPOSA Act, the representation to seek revocation of the detention order can be considered and decided by the Detaining Authority dehors the decision of the Advisory Board and the acceptance of recommendation by the appropriate Government. The consideration for revocation of adetention order is limited to examining whether the order conforms with the provisions of law whereas the recommendation of the Advisory Board Constitution of India, 1950 – Article 22(4) – National Security Act, 1980 – Section 3(2) – Disaster Management Act, 2005 – Section 53 – Epidemic Diseases Act, 1897 – Section 3 – Penal Code, 1860 (IPC) – Sections 274, 275, 308, 420 and 120B -Failure in timely communication of the rejection of representation is a relevant factor for determining the delay that the detenu is protected against under Article 22(5) – Based on the precedents of this Court – Failure of the Central and the State Government to communicate the rejection of the appellant’s representation in a time-bound manner is sufficient to vitiate the order of detention – Order of detention quashed and set aside – Appeal allowed.