Prompt consideration of detenu representation is a constitutional safeguard; unexplained delay can vitiate preventive detention.

Article 22(5) requires a detaining authority to consider a detenu's representation promptly and without unexplained delay, because the right to make an effective representation is a constitutional safeguard against deprivation of personal liberty without trial. Where the representation remains pending for an undue period and no satisfactory explanation is offered, the delay vitiates the detention. On the facts stated, a 27-day delay in considering and rejecting the representation was left unexplained, and no further affidavit justified it, so the detention was invalidated.

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Issues: Whether unexplained delay by the detaining authority in considering the detenu's representation vitiated the detention under Article 22(5) of the Constitution.

Analysis: Article 22(5) requires that a detenu be afforded the earliest opportunity to make a representation and that the representation be dealt with promptly. Undue or unexplained delay in disposing of the representation defeats the constitutional safeguard, especially where personal liberty is curtailed without trial. The delay of 27 days in considering and rejecting the representation remained unexplained, and no further affidavit was filed to justify it.

Conclusion: The unexplained delay invalidated the detention and the petition was entitled to succeed.

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