...) of Article 22 which provides as under:“22. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the...: State Of Bombay v. Atma Ram Sridhar Vaidya 1951 SCR 167, AIR 1951 SC 157.) Article 22(5) impo...the person detained the earliest opportunity of making a representation against the order of detention. Article 22(5) thus proceeds on the basis that the person detained has a right to make a representatio...

...detenu for being temporarily released, invoking the power of the Government under Section 15 of the Act, if not disposed of early, can it be said that there has been an infraction of Article 22(5) of the Constitution?...infraction of the constitutional right under Article 22(5) for delay in disposal of the prayer for temporary release. The High Court by the impugned judgment dated 19-7-2000, was persuaded to accept the said contention and ...to mitigate the hardships and clause (5) of Article 22 is one such safeguard, available to a detenu, who has been detained under a preventive law. Article 22(5) of the Constitution is extracted he...

....”12. The right which the detenu enjoys under Article 22(5) is of immense importance. In order to properly comprehend the submissions of the detenu, Article ...looked at from the point of view of the second facet of Article 22(5). An opportunity to make a representation against the order of detention necessarily implies that the detenu is informed of all that..., statements and other materials relied upon in the grounds of detention must also be furnished to the detenu within the prescribed time subject of course to clause (6) of Article 22 in order to constitute complian...

.... While Article 22(5) contemplates the making of a representation against the order of detention to the detaining authority, which has to be referred by the appropriate Government to the Advisory Board...order of detention was passed on January 20, 1985 by the District Magistrate, Kanpur Dehat and the appellant was arrested on January 22, 1985 when the order of detention as well as the grounds of...detention were served on him. The Government of Uttar Pradesh approved the order of detention on January 30, 1985 and reported the matter to the Central Government on January 31, 1985 under Section 3(5) of...

...Article 22(5) read with Section 8 of the Act which cast a duty on the detaining authority to afford the detenu “the earliest opportunity of making a representation against the order of detention” inasmuch...these contentions can prevail.4. There is no substance in the contention that there was denial of the constitutional imperatives of Article 22(5) read with Section 8 of the Act, because there was ...established by law. The contention that the constitutional safeguards in Article 22(5) were not complied with merely because the detenu was not “simultaneously” furnished with the grounds of detention along with th...

...detenue were illegible and this disabled the detenue from making an effective representation resulting in violation of the protection guaranteed under Article 22(5) of the Constitution of India, 1950 (in short “the Constitu...concerned, and infringement of the constitutional right conferred under Article 22(5) invalidates the detention order. Personal liberty protected under Article 21 is so sacrosanct and so high in t...apprised of his right to make representation to the appropriate Government/authorities against his order of detention as mandated in Article 22(5) of the Constitution. Despite knowledge, the detenu did not...

.... This undue and unexplained delay is in violation of Article 22(5) rendering the detention order invalid.”7. It would also be useful to refer to the decision of the Supreme Court....4. In the matter of preventive detention, while dealing with Article 22(5) of the Constitution of India, the Supreme Court has laid down an ordained principle...within a reasonable time limit, it is the object of Article 22(5) of the Constitution of India that the representation of a detenu whose liberty is in peril and depraved should...

...order. The mode of address of the representation to the Central Government and the Central Advisory Board was also indicated in the detention order along with the grounds of detention in accordance with ...involved is of a person in detention and not of a free agent. Article 22(5) casts an important duty on the detaining authority to communicate the grounds of detention to the detenu at the earliest to affor...implies the duty to consider and decide the representation when made, as soon as possible. Article 22(5) speaks of the detenu's ‘representation against the order’, and imposes the obligation on the detaining author...

...consideration of the petitioner's representation by the State Government has, however, been spelt out by this Court from clause (5) of Article 22 of the Constitution. This clause reads:...procedural rights have been expressly safeguarded by clause (5) of Article 22. A person detained under a law of preventive detention has a right to obtain information as to the grounds of detention and has...station where he was kept for 13 days. On January 5, 1972, the detention order under the Act was served on him and he was thereafter detained in Burdwan District Jail. We do not attach any importance to...

...prescribes the maximum period for which any person may be detained. Section 11 provides power to the State Government or the Central Government to revoke the detention order without prejudice to the provisions of Section 21 of the G...401 has observed that it is a constitutional obligation under clause (5) of Article 22 to consider the representation before confirming the order of detention. If it is not so considered, the...Article 22(5). If the confirmation by the government of the order of the District Magistrate is made first and the government rejects the representation thereafter, such rejection is not an independent consideratio...

...by this Court the grounds served on the petitioner were not accompanied by the documents and materials which formed the basis of the order of detention, hence the safeguards contained in Article 22(5...other materials relied upon in the grounds of detention must also be furnished to the detenu within the prescribed time subject of course to clause (6) of Article 22 in order to constitute compliance with clause (...: “The matter may also be looked at from the point of view of the second facet of Article 22(5). An opportunity to make a representation against the order of detention nece...

...non-application of mind and the petitioner also is denied a reasonable opportunity under Article 22(5) of the Constitution of India.4. We see no force in the first submission namely that there ...:“It is, therefore, clear that every failure to furnish copy of a document to which reference is made in the grounds of detention is not an infringement of Article 22(5), fatal to t..., that amounts to a violation of the fundamental rights guaranteed by Article 22(5). In our view it is unnecessary to furnish copies of documents to which casual or passing reference may be made in the course of narration o...

...effective opportunity of hearing, as contemplated by Article 22(5) of the Constitution, was not provided and the detention order, for this reason, stands vitiated.7. We have...the detenu can make an effective representation to the detaining authority, State or Central Government, as laid down in Article 22(5) of the Constitution which provides as under:“22. (...delay in affording an adequate opportunity to the detenu of making a representation against the order of detention. The right to be communicated the grounds of detention flows from Article 22(5) w...

...(1975) 2 SCC 81, 1975 2 SCR 832 the constitutional requirement of Article 22(5) was stated as insistence that basic facts and particulars which influenced the d...representation, that amounts to a violation of the fundamental rights guaranteed by Article 22(5). In our view it is unnecessary to furnish copies of documents to which casual or passing reference may be made in the course ...22(5), fatal to the order of detention. It is only failure to furnish copies of such documents as were relied upon by the detaining authority, making it difficult for the detenu to make an effective...

...and the Central Government. That contention was found acceptable and, therefore, the detention order was quashed. Thereafter, the appellant filed another writ petition and contended that the detenu had not been informed of his right...Kamleshkumar Ishwardas Patel v. Union of India (1995) 4 SCC 51 laid down the law thus:“Having regard to the provisions of Article ...order of detention, violates Article 22(5) of the Constitution. The order of detention gets vitiated.5. It is contended for the respondents that s...

...decision that it was necessary to issue the order of detention, would have to be supplied to the detenu to enable him to understand the grounds on which the detention order had been passed and to make an effective ...the said documents in their entirety, which contained in detail the stand of the detenu. By depriving the detenu of the said documents he was deprived of the right guaranteed to him under Article 22(5) of the Constitution w...when a detention order is passed all the material relied upon by the detaining authority in making such an order, must be supplied to the detenu to enable him to make an effective representation against the ...

...an infraction of a valuable right of the detenu under Article 22(5) of the Constitution, and as such, vitiates the order of detention. There is no dispute that in all these cases the order of...the order of detention has not been approved by the State Government constitutes an infraction of valuable right of detenu under Article 22(5) and, therefore, the Full Bench of the High Court was fully jus...sub-section (2) of Section 3 of the Maharashtra Act would constitute an infraction of a valuable right of the detenu under Article 22(5) of the Constitution and the ratio of the Constitution Bench decision of this Court in ...

...in view the fact that the detention of the detenu is based on subjective satisfaction of the authority concerned, and infringement of the constitutional right conferred under Article 22(5) invalidates the ...representation to the appropriate Government/authorities against his order of detention as mandated in Article 22(5) of the Constitution. Despite knowledge, the detenu did not avail of the opportunity. Ins...Constitution. A constitutional protection is given to every detenu which mandates the grant of liberty to the detenu to make a representation against detention, as imperated in Article 22(5) of the...

...Article 22(5) of the Constitution of India and such failure would make the order of detention invalid. 7. On the strength of this decision of the Supreme...Article 22(5) thereof, had been done and, therefore, the detention order cannot be regarded as having become invalid. He further submitted that in any event, the detenu had not even availed the...he has a right of making a representation to the detaining authority constituted an infraction of a valuable right of the detenu under Article 22(5) of the Constitution and, as such, vitiated the...