Preventive detention delay rules: unexplained delay in handling a detenu's representation rendered continued detention unsustainable.

Unexplained delay in considering a detenu's representation and in taking the steps required by the preventive detention statute vitiates continued detention. Under the Maharashtra Preventive Detention Act, 1970, the Government was required to communicate grounds promptly, consider the representation without undue delay, and make the reference to the Advisory Board within the prescribed time. The detenu's representation was not dealt with promptly and was rejected only after the reference period had expired; no satisfactory explanation for the delay was shown. The detention was therefore held unsustainable, and release forthwith followed.

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Issues: Whether unexplained delay in disposing of the detenu's representation and in taking steps required under the preventive detention statute entitled the detenu to immediate release.

Analysis: The detention order was passed under the Maharashtra Preventive Detention Act, 1970. The detenu made a representation to the Government, but it was not dealt with promptly and was rejected only after the period for reference to the Advisory Board had expired. The statutory scheme required the grounds to be communicated promptly, the representation to be considered without undue delay, and the reference to the Advisory Board to be made within the prescribed time. In the absence of a satisfactory explanation for the delay, the continued detention could not be sustained. The reasoning followed the principle that unexplained delay in processing a detenu's representation is fatal to preventive detention.

Conclusion: The detention was held unsustainable and the detenu was entitled to release forthwith.

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