Preventive detention representation rights remain intact even after approval, but the detaining authority becomes functus officio post-approval.

Under the Karnataka preventive detention scheme, once the State Government approves a detention order, the detaining authority becomes functus officio and cannot act as an independent post-approval authority on the detenu's representation. The statutory structure preserves the Article 22(5) safeguard by requiring the grounds of detention to inform the detenu how and where to submit a representation to the appropriate authority. COFEPOSA case-law was distinguished because its revocation and representation framework differs. On the stated facts, the detention was not vitiated, as no constitutional infraction was shown.

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Issues: Whether, after approval of a preventive detention order by the State Government under the Karnataka Prevention of Dangerous Activities of Boot-Leggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, the detaining authority becomes functus officio so as to be unable to consider a representation made by the detenu to that authority.

Analysis: The Act requires approval of the detention order by the State Government and the case-law under COFEPOSA was distinguished because that statute contains a different structure regarding revocation and representation. The right under Article 22(5) is preserved by the statutory scheme, but the detenu must make representation to the appropriate authority as indicated in the grounds of detention. Once the State Government accords approval under Section 3(3), the detention order becomes operative under the Act and the detaining authority cannot thereafter deal with the matter as an independent authority. The detention grounds in the present case had already informed the detenu how and where to submit his representation, and no infraction of the constitutional safeguard was shown.

Conclusion: The detaining authority became functus officio after approval by the State Government, and the detention was not vitiated on the ground that the representation was not entertained by that authority.

Ratio Decidendi: Under the Karnataka preventive detention scheme, once the State Government approves the detention order, the detaining authority cannot exercise an independent post-approval power to consider or revoke the detention; the detenu's constitutional right is satisfied when the statutory mechanism for representation to the appropriate authority is made known and available.

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