▪️ Tara Chand v. State of Rajasthan (1981)

👉 In case of preventive detention of a citizen Article 22 (5) of the Constitution enjoins obligation on the appropriate Government to afford earliest opportunity to the detenue to make representation.

👉 The mere fact that the meeting of the Advisory Board had been held earlier was not a valid excuse for the detaining authority in not considering the representation of the detenue at all.

👉 An inordinate delay on the part of the Central Government in consideration of the representation of detenue would be in violation of Article 22 (5) of the Constitution.

▪️Rattan Singh v. State of Punjab and others (1981)

👉 The laws of preventive detention afford only a modicum of safeguards to persons detained and if freedom and liberty are to have any meaning in our democratic set up it is essential that at least those safeguards are not denied to the detenues.

👉 The failure on the part either of the Jail Superintendent or the State Government to forward the detenu’s representation to the Central Government has deprived the detenu of the valuable right to have his detention revoked by that Government.