MADAN MOHAN MONDAL vs THE STATE OF WEST BENGAL

The Supreme Court held that under Article 22(5) of the Constitution, the representation of a detenu must be considered without avoidable delay, and any prima facie unreasonable delay must be satisfactorily explained by the detaining authority. In this case, the State Government's explanation for a 33-day delay in considering the petitioner's representation was deemed vague and insufficient. Consequently, the Court ruled that the detention, although initially valid, ceased to be so due to the violation of constitutional safeguards, leading to the petitioner's release.