DR. RAHAMATULLAH vs STATE OF BlHAR AND ANR.

The Supreme Court held that under Article 22(5) of the Constitution, the State Government has a two-fold obligation in cases of preventive detention: to consider the detenu's representation and to communicate it to the Advisory Board. In this case, the State failed to independently consider the petitioner's representation before receiving the Advisory Board's opinion, resulting in a violation of Article 22(5). Consequently, the Court quashed the detention order, emphasizing the necessity of timely consideration of representations to protect individual liberty.