Preventive detention representation must be promptly forwarded to the Central Government; unexplained delay can invalidate detention.

Unexplained delay by the State Government in forwarding a detenu's representation to the Central Government under the National Security Act, 1980, defeats the statutory right to seek revocation of detention. Because the Central Government has power under Section 14(1) to revoke a detention order, the representation must be transmitted promptly and considered effectively. Here, the representation remained with the State Government for more than two months without explanation, which deprived the detenu of a real and effective opportunity for review. The continued detention was therefore held illegal and constitutionally impermissible, and release was directed.

---

---

Issues: Whether unexplained delay by the State Government in forwarding the detenu's representation to the Central Government vitiated the continued detention under the National Security Act, 1980.

Analysis: A detenu's right to make a representation to the Central Government is an integral part of the statutory scheme under Section 14(1) of the National Security Act, 1980, because the Central Government has the power to revoke a detention order passed by the State Government or its officer. That right must be real and effective. The State Government received the representation but failed to forward it to the Central Government for more than two months, and the representation remained unattended till the Central Government ultimately considered it. This unexplained delay deprived the detenu of an effective opportunity to seek revocation of the detention order.

Conclusion: The continued detention was illegal and constitutionally impermissible, and the writ petition was allowed with a direction to release the petitioner forthwith.

Final Conclusion: Unexplained delay in transmitting the detenu's representation to the Central Government vitiates preventive detention where it impairs the statutory right to seek revocation.

Ratio Decidendi: In preventive detention matters, a detenu's representation must be promptly forwarded to and considered by the Central Government where the statute confers revocation power on that Government; unexplained delay that defeats this effective right renders the detention invalid.

---