PANKAJ KUMAR CHAKRABARTY AND ORS. vs STATE OF WEST BENGAL

The Supreme Court held that under Article 22(5) of the Constitution, the appropriate government has an obligation to consider representations made by a detenue, even after the case has been referred to an Advisory Board. The Court clarified that the duty to consider such representations is distinct from the role of the Advisory Board, which assesses whether there is sufficient cause for detention. The detention orders were set aside as the State Government failed to fulfill its constitutional obligation to consider the petitioners' representations before confirming their detention.