Preventive detention representation must be considered independently and expeditiously, without waiting for the Advisory Board's opinion.

Article 22 and the Preventive Detention Act, 1950 require the appropriate Government to give a detenu an earliest opportunity to make a representation and to consider it independently of the Advisory Board. The duty to decide the representation is separate from the Board's advisory function, and it must be performed as early and expeditiously as possible because personal liberty is involved; no rigid time limit is prescribed. On the facts stated, the representation was not shown to have been considered promptly, the delay was inadequately explained, and the State appeared to have deferred decision until after the Board's opinion. The detention was therefore not sustainable.

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Issues: Whether the detaining authority and the State Government were bound to consider the detenu's representation independently and with reasonable expedition, and whether delay and deferment until after the Advisory Board's opinion violated the constitutional and statutory safeguards governing preventive detention.

Analysis: The constitutional guarantee under Article 22 and the scheme of the Preventive Detention Act, 1950 require the appropriate Government to afford the detenu the earliest opportunity to make a representation and to consider that representation on its own, uninfluenced by the Advisory Board. The obligation is independent of the Board's consideration under the statutory scheme. No hard and fast period can be fixed, but the duty is to act as early and expeditiously as possible because personal liberty is at stake. On the facts, the representation was not shown to have been considered promptly, the explanation for delay was inadequate, and the State appeared to have awaited the Advisory Board's opinion before deciding the matter, showing lack of independent judgment.

Conclusion: The representation was not considered in the manner required by law, and the detention could not be sustained.

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