Kochi | The Kerala High Court has urged the central and state governments to evolve an effective mechanism to ensure early disposal of representations by detained individuals against their preventive detention orders.

A bench of Chief Justice Soumen Sen and Justice Syam Kumar V M said that implication in criminal offences cannot dilute or diminish the constitutional safeguards available to a person.

"Constitutional mandates are required to be scrupulously adhered to and cannot be lightly disregarded or rendered illusory," the bench added while setting aside the detention orders against a man under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances (PIT NDPS) Act.

The court set aside the detention orders due to a delay of over four months in disposing of his representation against his preventive detention under the Act.

"We find merit in the contention put forth by the counsel for the petitioner (detainee) that the constitutionally guaranteed right of the petitioner stands negated by the inordinate delay in disposing of his representation preferred under Article 22 (5) as well as due to the mechanical and unreasonable manner of such disposal," the court said.

Under Article 22(5) of the Indian Constitution, a detained individual can make a representation against their preventive detention order.

The court also directed the jail authorities to set the man free if his detention is not required in any other matter.

While granting him the relief, the bench said, "It is incumbent upon both the central and state governments to evolve and maintain an effective administrative mechanism whereby the reports forwarded under PIT NDPS Act are, upon receipt, readily correlated with any representation subsequently submitted by the detenu to facilitate its prompt and expeditious consideration."

The court made it clear that any deficiency or failure in such administrative coordination, whether on the part of the Centre or the state, "cannot be relied upon as a ground to deprive a citizen of the invaluable protection of his fundamental rights against unlawful or continued detention".