Preventive detention representation after Advisory Board reference need not be decided first; delay alone did not vitiate detention.

A representation addressed to the appropriate Government after a preventive detention matter has already been referred to the Advisory Board need not be decided before the Board's opinion is received. Applying the Supreme Court's distinction between representations to the detaining authority and to the appropriate Government, the Delhi HC held that awaiting the Advisory Board's report in such circumstances does not, by itself, invalidate the detention. On the facts, the delay in disposing of the representation was therefore not treated as fatal, and the detention order was not liable to be quashed on that ground.

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Issues: Whether the detention order under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 was vitiated by inordinate and unexplained delay in deciding the detenu's representation by the Central Government after the matter had already been referred to the Advisory Board.

Analysis: The representation addressed to the Central Government was received after reference of the detention case to the Advisory Board. The Court applied the distinction drawn by the Supreme Court between a representation made to the detaining authority and one made to the appropriate Government. On that reasoning, where the representation is received after reference to the Advisory Board, the Government may await the Advisory Board's opinion before deciding it, and such course does not by itself invalidate the detention. The delay, therefore, was not treated as fatal on the facts of the case.

Conclusion: The detention order was not liable to be quashed on the ground of delay in disposal of the representation; the contention was rejected.

Ratio Decidendi: A representation made to the appropriate Government after the detention matter has been referred to the Advisory Board need not be decided before receipt of the Advisory Board's opinion, and delay in such disposal does not vitiate the detention order if the representation is considered after the Board's report.

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