Preventive detention delay: unexplained inaction on a detenu's representation invalidated continued custody.

Unexplained and inordinate delay in considering a detenu's representation under the National Security Act vitiates preventive detention. A representation addressed to the President is a valid representation to the Central Government, whose power to revoke detention operates as an additional constitutional safeguard. Although some time may be required to transmit the matter to the concerned Ministry, prolonged inaction must be explained by affidavit or record material. Here, the delay of about two months after receipt in the President's and Prime Minister's Secretariats remained wholly unexplained, so the continued detention was held illegal and release was directed.

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Issues: Whether the unexplained and inordinate delay in considering the detenu's representation by the Central Government vitiated the preventive detention.

Analysis: The detention was under the National Security Act, 1980 and the detenu's representations were sent to the President and the Prime Minister as representations to the Central Government. The Central Government's power to revoke a detention order under the statute is an additional constitutional safeguard, and a representation addressed to the President is a proper representation to the Central Government. Although some time may be taken to forward the matter to the concerned Ministry, the delay in this case remained wholly unexplained for about two months after receipt in the President's and Prime Minister's Secretariats. No affidavit or material was produced to account for the delay, and the record did not justify the prolonged inaction.

Conclusion: The unexplained delay rendered the further detention illegal and the appellant was entitled to be released forthwith.

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