Preventive detention and effective representation fail where the detenu's plea is not decided promptly and counsel access is denied.

Preventive detention under Article 22(5) requires the detaining authority to consider and decide a detenu's representation promptly. Where the representation was not decided on merits and the communication issued by the authorities did not amount to an actual decision on release, the constitutional safeguard was not satisfied. Denial of a timely legal interview with counsel also impaired the detenus' ability to make an effective representation and was arbitrary in the absence of any justified rule restricting such access. On these grounds, the detention order could not be sustained and was quashed.

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Issues: Whether the detention order was liable to be quashed for failure to decide the detenus' representation expeditiously and for denial of an effective opportunity to make a representation, thereby violating Article 22(5) of the Constitution of India.

Analysis: The detenus had made a representation challenging detention and also complaining that they had been denied legal interview with counsel, which prevented an effective representation. The representation was not decided on its merits, and the communication sent by the authorities did not amount to a decision on the prayer for release. The Court applied the settled principle that a detenu's representation must be considered and decided promptly, and that the constitutional safeguard under Article 22(5) is not satisfied by a delayed or incomplete response. The Court also held that denial of timely legal interview impaired the detenus' opportunity to make an effective representation and was arbitrary in the absence of a shown rule justifying such restriction.

Conclusion: The detention order could not be sustained and was quashed for violation of Article 22(5) of the Constitution of India.

Ratio Decidendi: A preventive detention order becomes illegal where the detaining authority fails to consider and decide the detenu's representation promptly and the detenu is thereby deprived of a meaningful opportunity to make an effective representation.

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