Supreme Court Emphasizes Importance of Timeliness in Matters of Personal Liberty
The Supreme Court has reiterated that even a single day's delay can be significant when it comes to personal liberty. The court highlighted the importance of adhering strictly to constitutional rights and due process, especially in cases involving preventive detention and other restrictions on individual freedom. The bench, led by Chief Justice D.Y. Chandrachud, asserted that failing to provide documents and grounds of detention promptly to detainees is a violation of their constitutional rights.
The court's remarks came during a hearing on a case concerning preventive detention where authorities delayed providing necessary documents to the detainee, thereby affecting the detainee’s ability to contest the detention effectively. The bench underscored that procedural lapses, even minor ones, can have profound implications on a person's liberty and must be avoided.
Case Highlights:
- Personal Liberty and Timeliness: Justice B.V. Nagarathna and Justice Prashant Kumar Mishra, part of the bench, stressed that personal liberty is a fundamental right and any infringement, however small, must be scrutinized strictly. The court observed that in the case of the petitioner, delays in providing critical information rendered the right to representation meaningless, violating Article 22(5) of the Constitution which mandates timely communication of grounds for detention.
- Rejection of Kerala High Court's Order: The Supreme Court set aside the Kerala High Court's order which had upheld the preventive detention, emphasizing that the delay in procedural compliance was unjustified and impacted the detainee's rights. The court ordered the immediate release of the detainee, stating that the administration cannot overlook constitutional safeguards.
