Judgment

CHINNAPPA REDDY, J. :- These three writ petitions may be disposed of by a single judgment since the principal question argued in all the three cases is one. The question is whether delay in considering the representation made by a detenu under Article 22 (5) of the Constitution vitiates a detention under the National Security Act and entitles the detenu to be released on that ground alone. As a result of a series of decisions of this Court, (a) Jayanarayan Sukul v. State of West Bengal (1970) 3 SCR 225; (b) Narendra Purshotam Umrao v. B. B. Gujral, (1979) 2 SCR 315; (c) Ramchandra A. Kamat v. Union of India, (1980) 2 SCR 1072; (d) Frances Coralie Mullin v. W. C. Khambra, (1980) 2 SCR 1095; (e) V. J lain v. Pradhan, AIR 1979 SC 1501; (f) Smt. Icchu Devi Choraria v. Union of India, AIR 1980 SC 1983, it is now well settled that the representation made by a detenu under Article 22 Act, (5) of the Constitution against his detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, must be considered by the detaining authority with the utmost expedition and that any unexplained delay in considering the representation will be fatal to the