In Brief
The Supreme Court held that a specially empowered officer who passes a preventive detention order under the COFEPOSA Act must independently consider any representation made by the detenu against the order, without waiting for the Central Advisory Board's opinion. The officer's obligation under Article 22(5) to afford the earliest opportunity to make representation is distinct from the appropriate Government's role regarding the Advisory Board's report. In this case, the Detaining Authority unjustifiably deferred consideration of the representation for over two months, waiting for the Advisory Board's report. The Court quashed the detention orders as this delay violated the detenu's constitutional rights to independent and expeditious consideration of their representation.
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