Preventive Detention -- Delay in Informing Right to Represent to Central Government -- Unexplained delay in communicating right to representation violates Article 22(5)
(i) Constitution of India, Art.22(5) -- Preventive Detention -- Delay in Informing Right to Represent to Central Government -- Detaining authority is under an affirmative obligation to apprise the detenue, at the earliest opportunity, of the right to make a representation to the Central Government. Any substantial and unexplained delay in communicating this right assumes constitutional significance and cannot be excused on the ground that the detenue later came to know of or exercised the right. (ii) Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, S.9 -- Preventive Detention -- Delay in Deciding Representation of Detenue -- Delay in deciding a representation does not automatically vitiate preventive detention, provided the delay is satisfactorily explained and attributable to circumstances beyond the control of the concerned authority. Unexplained delay of several months in deciding representation amounts to violation of Article 22(5) and denial of the fundamental right of the detenue.
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