Preventive detention representation delay violates Article 22(5) when unexplained, vitiating the detention order.

In preventive detention matters, a detenu's representation must be considered with utmost expedition, and unexplained inordinate delay breaches the constitutional safeguard under Article 22(5). The State Government received the representation on 14 January 1987 and rejected it only on 26 February 1987 without a satisfactory explanation. The detention could not be sustained merely because the detenu had pursued other proceedings or because the representation was sent through an Advocate. The delay was held to vitiate the detention order, and the issue was decided in favour of the petitioner.

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Issues: Whether inordinate delay in considering the detenu's representation against preventive detention vitiated the detention order and violated Article 22(5) of the Constitution of India.

Analysis: The representation addressed to the State Government was received on 14 January 1987 and rejected only on 26 February 1987. No satisfactory explanation was given for the delay. In preventive detention matters, a representation must be considered with utmost expedition, and unexplained delay in dealing with it defeats the constitutional safeguard under Article 22(5). The detention could not be sustained merely because the detenu had also pursued other proceedings or because the representation was sent through an Advocate.

Conclusion: The delay was inordinate and unexplained, and the detention order was vitiated. The issue is decided in favour of the petitioner.

Ratio Decidendi: In preventive detention cases, unexplained delay in considering the detenu's representation violates Article 22(5) of the Constitution of India and invalidates the detention.

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