SMT. KHATOON BEGUM ETC. ETC. vs UNION OF INDIA AND ORS. ETC. ETC.

The Supreme Court held that the right of a detenu to have their representation considered 'at the earliest opportunity' under Article 22(5) of the Constitution is a constitutional mandate, not merely a procedural requirement of the National Security Act or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The Court established that any unexplained delay in considering such representations vitiates the detention, thereby entitling the detenu to be released. The Court rejected the argument that delays due to administrative procedures could justify non-compliance with this constitutional obligation.