Unexplained delay in considering a preventive detention representation under Article 22(5) vitiates continued detention and renders the order unsustainable.

Unexplained delay in disposing of a preventive detenu's representation under Article 22(5) violates the constitutional safeguard of prompt consideration. The representation was made on 06-08-2011 and rejected on 07-09-2011, and the delay in obtaining parawise remarks from the sponsoring authority remained unaccounted for on the record. That delay was held fatal to continued detention, and the detention order was rendered unsustainable.

---

---

Issues: Whether the detention order was vitiated by the unexplained delay in disposing of the detenu's representation under Article 22(5) of the Constitution of India.

Analysis: The representation was made on 06-08-2011 and rejected on 07-09-2011. The delay in obtaining parawise remarks from the sponsoring authority remained unexplained on the record. In matters of preventive detention, the right to have a representation considered expeditiously is a constitutional safeguard, and an unreasonable and unaccounted delay is fatal to continued detention.

Conclusion: The delay rendered the detention unsustainable and the detention order was liable to be set aside.

Ratio Decidendi: Unexplained delay in considering a preventive detainee's representation under Article 22(5) of the Constitution of India vitiates the detention.

---