Prompt consideration of detenue representations is mandatory; unexplained delay under Article 22(5) can invalidate preventive detention.

In preventive detention matters, an unexplained or inadequately explained delay in considering a detenue's representations breaches the constitutional safeguard under Article 22(5). The representation sent to the specially empowered detaining authority was not forwarded promptly, and no satisfactory explanation was given for the delay in its consideration; the representation to the Central Government was also handled belatedly. On these facts, the detention could not be sustained and was quashed as illegal, with release directed unless the detenue was required in any other case.

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Issues: Whether the detention order was liable to be set aside for inordinate and unexplained delay in considering the detenue's representations under Article 22(5) of the Constitution of India.

Analysis: The representation addressed to the specially empowered detaining authority was not promptly forwarded to that authority, and no satisfactory explanation was offered for the delay in its consideration. The representation addressed to the Central Government was also dealt with belatedly. In preventive detention matters, Article 22(5) requires expeditious and effective consideration of representations, and unexplained delay breaches the constitutional safeguard. The continuation of detention cannot be sustained when the authorities exhibit inaction and lack of justification for the delay.

Conclusion: The detention order was invalidated for violation of the constitutional requirement of prompt consideration of representations, and the detention was held unsustainable.

Final Conclusion: The preventive detention was quashed, and the detenue was directed to be released forthwith unless required in any other case.

Ratio Decidendi: In preventive detention cases, an unexplained or inadequately explained delay in considering a detenue's representation violates Article 22(5) and renders the continued detention illegal.

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