Preventive detention and representations to the Government: non-transmission by the Advisory Board did not invalidate detention.

Article 22(5) requires that a detenu's representation be considered by the appropriate Government when the Government receives or becomes aware of it in the statutory process. The Advisory Board is not under a duty to transmit every representation made before it, and the Government need not make enquiries to discover whether a separate representation was filed elsewhere. Where the detenu was informed of the right to represent to the Government but chose to address the representation only to the Advisory Board and did not ask for transmission, non-consideration by the Government did not vitiate the preventive detention. The challenge therefore failed.

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Issues: Whether preventive detention was vitiated because the detenu addressed his representation only to the Advisory Board and the appropriate Government did not receive or consider that representation before confirming detention.

Analysis: Article 22(5) protects the detenu's right to make a representation and requires consideration of such representation by the appropriate Government. However, the obligation to consider arises when the Government is aware of the representation or receives it in the course of the statutory process. The Act does not cast a duty on the Advisory Board to transmit every representation made before it to the Government, and the Government is not required to make inquiries to discover whether the detenu has made a representation somewhere else. The Advisory Board's function is advisory, and confirmation of detention depends on the Government's consideration of the Board's report and the materials before it. On the facts, the detenu was informed of his right to represent to the Government, yet he chose to address the representation only to the Advisory Board without requesting transmission to the Government.

Conclusion: The detention was not invalidated on the ground of non-consideration of the representation, and the challenge failed.

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