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As per case facts, Petitioner Victor Das was preventively detained under NSA, 1980, for allegedly instigating social unrest and violence after a singer's death, leading to two specific criminal cases.
...He challenged this Order, citing issues like the Detaining Authority's failure to inform him of his right to make a representation to them, and unreasonable delay in disposing of his representations by both State and Central Governments. The question arose whether these procedural lapses violated his constitutional rights under Article 22(5). Finally, the Court held that the failure to inform the Petitioner of his right to represent to the Detaining Authority and the unexplained 17-day delay in processing his representation by the State Government were fatal defects. Consequently, the Detention Order and associated orders were quashed, and the Petitioner was directed to be released.
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