Prompt disposal of a detenu's representation is mandatory; unexplained delay under Article 22(5) vitiates preventive detention.

Unexplained delay in disposing of a detenu's representation under Article 22(5) breaches the constitutional requirement of prompt consideration and independent decision-making, even apart from the Advisory Board process. Where the Government received the representation but rejected it only after about one month and five days without adequate explanation for the delay, the safeguard was held to be violated. That breach vitiated the preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, and the detention order was quashed.

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Issues: Whether unexplained delay in considering the detenu's representation violated Article 22(5) of the Constitution of India and vitiated the detention order under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974.

Analysis: The detenu's representation was received by the Government and rejected after about one month and five days. No adequate explanation for the delay was pleaded, and no justification was shown for the period after the comments of the Revenue Intelligence were received. The constitutional safeguard under Article 22(5) requires the representation to be considered and disposed of as expeditiously as possible, independently of the Advisory Board, and unexplained delay amounts to a breach of that guarantee.

Conclusion: The unexplained delay in deciding the representation rendered the detention invalid and the challenge to the detention succeeded.

Final Conclusion: The detention order was quashed and the detenu was directed to be released forthwith.

Ratio Decidendi: Unexplained delay in disposal of a detenu's representation under Article 22(5) violates the constitutional safeguard and vitiates preventive detention.

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