ABDUL KARIM AND OTHERS vs STATE OF WEST BENGAL

The Supreme Court ruled that under Article 22(5) of the Constitution, the State Government is obligated to consider the representations made by detenus against their detention orders under the Preventive Detention Act IV of 1950, specifically Sections 3(2), 8, and 10. The Court held that the establishment of an Advisory Board does not absolve the State from this duty, and failure to consider such representations renders the detention orders illegal and ultra vires. The Court emphasized that the right to representation is independent of the duration of detention and must be considered promptly by the State Government.