Prompt consideration of detenu representations under preventive detention law required immediate release for constitutional breach.

Detention under COFEPOSA was challenged on the ground that the detenu's representations were not considered promptly, and that the detaining authority acted with negligence and callousness in processing them. The constitutional safeguard under Article 22(5) requires meaningful and timely consideration of a detenu's representations in preventive detention matters. The record also showed disputes over forwarding the representation to the Advisory Board and over informing the detenu of his right to make representations. The Court treated the delay and administrative inaction as a breach of constitutional imperatives and ordered the detenu's immediate release.

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Issues: Whether the detention was vitiated for breach of Article 22(5) of the Constitution of India on account of failure to afford the detenu an effective opportunity to make a representation and delay or non-consideration of the representation.

Analysis: In preventive detention matters, Article 22(5) requires the appropriate Government or the detaining authority to afford the detenu the earliest opportunity to make a representation and to consider it with expedition. The record showed that the detenu's representation reached the detaining authority after considerable delay and was not considered on merits. The fact that the Advisory Board had already met did not justify ignoring the detenu's separate representation, because the obligation to consider a representation is distinct from the obligation relating to the Advisory Board.

Conclusion: The detention was held to be vitiated for breach of Article 22(5), and the detenu was entitled to be released.

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