Give Priority for Disposal of Matters Relating Personal Liberty of Citizens - Supreme Court tells High Court
IN a COFEPOSA case, a detention order was issued on 03.05.2005. The detenu filed a writ in the Bombay High Court 02.06.2005. After hearing the parties, the High Court reserved its orders on 24.10.2005; the High Court pronounced its orders only on 16.03.2006, i.e., nearly after a period of 5 months. The detenu could not know the fate of his petition for a period of 5 months when the detention period was for one year.
The Supreme Court reminded all High Courts that in a matter of this nature affecting the personal liberty of a citizen, it is the duty of the Courts to take all endeavours and efforts for an early decision.
The Supreme Court observed, "In the case on hand, we feel that keeping the writ petition pending after hearing the parties and compelling the detenu to wait for 5 months to know the result of his petition, cannot be accepted. We request all the High Courts to give priority for the disposal of the matters relating to personal liberty of a citizen, particularly, when the detention period is for one year or less than a year and, more so, after hearing the parties, the decision must be known to the affected party without unreasonable delay."
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