AI generated image used for representative purposeNEW DELHI: The Punjab and Haryana high court has quashed the preventive detention of a woman after finding that authorities took around 45 days to inform her of her right to make a representation to the central government and then delayed deciding her representations by nearly three and five months. The court held that the delays violated the constitutional safeguards under Article 22(5). The order was passed on August 24, 2026.Why did the woman challenge her preventive detention?According to the court order, Bala was detained under an order dated November 1, 2025, passed by the Home Secretary, Chandigarh Administration. She had earlier been detained, but that detention order was quashed by the Advisory Board in July 2025.A fresh FIR was registered against Bala and 21 others on August 4, 2025, under Section 21 of the NDPS Act at Sector 39 police station, Chandigarh. Bala said no search was conducted, no contraband was recovered and no accused was arrested. She alleged that the FIR was later used as fresh material for her preventive detention.The fresh detention order was passed on November 1, 2025. She was informed on November 3 of her right to make representations to the Chandigarh authorities and the Advisory Board and submitted representations on November 26. However, she was told only on December 16 that she could also approach the Central Government. She submitted her representation to the Centre on December 24.The Chandigarh Administration and Centre defended the detention, arguing that the representations had been processed and there was no unexplained delay.What did the high court say about the 45-day delay?Justice Virinder Aggarwal said Article 22(5) requires authorities to give a person in preventive detention the earliest opportunity to challenge the detention and to inform her about the authorities to whom she can make a representation.The court relied on the Supreme Court's ruling in Alfiya A. vs State of Kerala, which said the failure to inform a detainee of the right to make a representation deprives the person of a valuable safeguard.The high court said there was no satisfactory explanation for the approximately 45-day delay in informing Bala about her right to approach the Central Government.“Such belated communication of a vital constitutional safeguard directly bears upon the petitioner's effective and meaningful exercise of the right to make a representation against her preventive detention,” the court said.The court said preventive detention affects personal liberty without a prior finding of guilt and therefore the safeguards under Article 22(5) must be followed strictly and promptly.The court found that Bala's representation dated November 26, 2025 was considered by the Chief Secretary on February 23, 2026 and by the Home Secretary on February 25, nearly three months later.Her representation to the Central Government, submitted on December 24, was forwarded by the Chandigarh Administration on February 3 and reached the concerned Central Government division on March 16. The Centre ultimately rejected it on June 2, more than five months after it was submitted.The court said there were delays at every stage, including informing her of her rights, forwarding representations, furnishing comments and taking decisions.“In the age of instant communication this delay in decision of representation of 3 months and 5 months respectively amount to flagrant violation of mandatory provisions of Article 22(5) of the Constitution of India and denial of Fundamental Right of detenue,” the court added.The court held that the authorities had not provided any satisfactory explanation for the delays and that the cumulative effect rendered Bala's continued detention constitutionally unsustainable.The high court allowed the petition and quashed the November 1, 2025 detention order and Bala's continued detention.It directed that she be set at liberty forthwith, unless she was required to be detained in connection with any other case.