Prompt consideration of detenu representation required under Article 22(5); unexplained delay by jail authority invalidated preventive detention.

Unexplained delay in transmitting and considering a detenu's representation violates Article 22(5) because the constitutional right to make a representation against preventive detention requires expeditious and reasonably prompt consideration. A jail authority, even as a mere communicating channel, must forward the representation without avoidable delay; here, the representation was retained for several days without satisfactory explanation, causing delay before it reached the Government. That unexplained slackness and indifference defeated the constitutional mandate of prompt consideration, and the detention order was held invalid.

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Issues: Whether unexplained delay in transmitting and considering the detenu's representation violated Article 22(5) of the Constitution of India and rendered the detention order illegal.

Analysis: The right to make a representation against preventive detention is a valuable constitutional safeguard and requires expeditious consideration. No rigid period can be fixed for disposal of a representation, but the authorities concerned must act with reasonable promptness. A jail authority, even as a mere communicating channel, must transmit the representation without avoidable delay. In the present case, the representation was retained by the jail authority for several days without a satisfactory explanation, causing avoidable delay before it reached the Government. Such supine indifference and slackness defeated the constitutional mandate of prompt consideration.

Conclusion: The unexplained delay violated Article 22(5) and the detention order was invalid.

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