Effective representation in preventive detention requires jail authorities to forward detainee representations to both governments when copies are supplied.

Preventive detention was held illegal because the detenu's statutory right to make an effective representation was frustrated. He had been informed that he could represent to both the State Government and the Central Government, and he supplied multiple copies for transmission, but the jail authorities forwarded the representation only to the State Government. As the representation was addressed to the Home Secretary without clarifying the intended authority, the Jail Superintendent was required to ensure that a copy reached the Central Government. Failure to do so impaired the safeguard attached to preventive detention and rendered the detention liable to be quashed.

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Issues: Whether the detention order was liable to be quashed because the detenu's representation, though given in multiple copies and intended for the authorities mentioned in the grounds of detention, was forwarded only to the State Government and not to the Central Government, thereby denying an effective representation.

Analysis: The grounds of detention specifically informed the detenu of his right to make a representation both to the State Government and to the Central Government. The representation handed over in jail was addressed only to the "Home Secretary" without clarifying whether it was meant for the State or the Central Government, and nine copies were supplied for onward transmission. In these circumstances, the Jail Superintendent was under a duty to ensure that one copy reached the Central Government. Since that was not done, the statutory safeguard attached to preventive detention was not fully honoured and the detenu's right to make an effective representation stood impaired.

Conclusion: The detention was illegal and liable to be quashed because the detenu was denied an effective opportunity to represent to the Central Government.

Ratio Decidendi: Where a detenu is expressly informed of the right to represent to both the State and Central Governments and supplies sufficient copies for transmission, the jail authorities must forward the representation to both authorities so that the right to an effective representation is not frustrated.

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