The Andhra Pradesh High Court set aside a preventive detention order, holding that an unexplained delay in deciding the detenu's representation violates Articles 21 and 22(5) of the Constitution. The court ruled that the right to have a representation considered promptly is a constitutional imperative, not a procedural formality. Failure by the detaining authority to explain the delay renders the continued detention constitutionally unsustainable, entitling the detenu to immediate release.

Preventive detention allows the State to detain a person without trial to prevent a future act, making it an extraordinary departure from the presumption of liberty under Article 21. Because it operates outside criminal procedure, the Constitution itself builds in safeguards through Article 22. Article 22(5) imposes two mandatory duties on the detaining authority: (1) communicate the grounds of detention as soon as possible, and (2) afford the detenu the earliest opportunity to make a representation against the order.

The Supreme Court has consistently treated these as non-negotiable procedural guarantees, not mere technical requirements. In Icchu Devi Choraria v. Union of India (1980) and Kamleshkumar Ishwardas Patel v. Union of India (1994), the Court held that prompt disposal of the representation is integral to the right to personal liberty. If the authority sits on the representation without explanation, the detention order becomes void ab initio — the passage of time itself converts a lawful detention into an unlawful one.

The test the courts apply is simple but strict: Was there delay? If yes, is there a satisfactory explanation? An unexplained delay — even a short one — is fatal. The authority cannot retroactively justify inaction. This principle intersects with Article 21's guarantee of a fair procedure, meaning both the substantive and procedural dimensions of liberty must be protected simultaneously. The AP High Court's ruling reaffirms this chain: Article 22(5) right → duty to decide representation promptly → unexplained delay = violation → detention vitiated.