SMT.GRACY vs STATE OF KERALA AND ANR.

The Supreme Court held that the Central Government has an independent obligation to consider a detenu's representation against detention under Article 22(5) of the Constitution, separate from the Advisory Board's consideration. The Court clarified that the detaining authority must decide on the representation independently, regardless of the Advisory Board's opinion. The detention order was quashed due to the failure of the Central Government to fulfill this obligation, establishing that both the detaining authority and the Advisory Board have distinct roles in the process.