Preventive detention survives where delay is explained by continuous action and the detenu's representation receives independent, expeditious consideration.

Preventive detention is upheld when the authority shows a continuous and bona fide chain of action explaining delay in passing and executing the order; unexplained delay will invalidate detention only if it indicates absence of genuine satisfaction, and that contention failed here because investigation steps, tracing efforts, custody proceedings, and surveillance explained the timeline. Article 22(5) requires expeditious, independent consideration of the detenu's representation; that requirement was met because the record showed consideration by the detaining authority and the Central Government, without a mechanical endorsement or unlawful delay, so no vitiation was established. The challenge to the detention therefore failed on the grounds urged.

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Issues: (i) Whether the detention order was vitiated by unexplained delay in its passing and execution; (ii) Whether the representation of the detenu was dealt with without independent application of mind by the Central Government and with unlawful delay.

Issue (i): Whether the detention order was vitiated by unexplained delay in its passing and execution.

Analysis: Preventive detention is a precautionary measure based on subjective satisfaction, but it must strictly comply with constitutional and statutory safeguards. Delay in passing or executing a detention order can invalidate it only when the delay is unexplained and indicative of absence of genuine satisfaction. On the materials, the investigation, litigation steps, tracing of the detenu, recording of statements, screening committee consideration, and procurement of custody orders explained the time taken before the detention order was issued. The execution also showed continuous efforts by the authorities, including surveillance and circulation of particulars, and the detenu had evaded arrest for a period.

Conclusion: The detention order was not vitiated by unexplained delay in passing or executing it, and this contention failed.

Issue (ii): Whether the representation of the detenu was dealt with without independent application of mind by the Central Government and with unlawful delay.

Analysis: Article 22(5) requires expeditious consideration of a detenu's representation by the concerned authority. The record showed that the representations were considered at the level of the Detaining Authority and the Central Government, and the rejection was not a mechanical endorsement of one authority's view. The alleged delay was not established on the factual materials placed before the Court, and no lack of independent consideration was made out.

Conclusion: The representation was considered independently and without such unlawful delay as would vitiate the detention.

Final Conclusion: The impugned judgment quashing the detention could not stand, and the detention challenge failed on the grounds urged, while the detaining authority was left to take a fresh decision on the desirability of continued detention within the time indicated.

Ratio Decidendi: In preventive detention matters, detention is not invalidated where the authority demonstrates a continuous and bona fide chain of action explaining the time taken, and the detenu's representation is considered by the competent authority with independent application of mind and expedition as required by Article 22(5) of the Constitution of India.

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