Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus’ Right Under Art.22(5): Kerala HC
📌 Case Context
The case concerns the rights of a person detained under preventive detention laws, specifically under Article 22(5) of the Constitution of India.
Article 22(5):
Any person detained under preventive detention law must be informed of the grounds of detention.
Detenu has the right to make a representation against the detention.
Issue before Kerala HC: Whether the non-supply of documents relied upon by authorities in the detention order violates the detenu’s rights under Article 22(5).
⚖️ Kerala HC Ruling
Right to Know Grounds of Detention:
The Court emphasized that detention cannot be justified if the detenu is not made aware of the material facts and documents relied upon to justify detention.
Detenu’s right to effective representation is meaningless if relevant documents are withheld.
Effect of Non-Supply of Documents:
Prevents the detenu from challenging the detention effectively.
Violates Article 22(5), which guarantees procedural safeguards in preventive detention.
Court held that withholding documents could make the detention legally vulnerable.
Principle of Fairness and Natural Justice:
The Court reiterated the principle of audi alteram partem (hear the other side).
Detention orders must disclose the facts and materials on which the authority relied to justify preventive detention.
📚 Supporting Case Laws
A.K. Gopalan v. State of Madras (1950 SC)
Initially held that preventive detention is constitutional but subject to procedural safeguards under Article 22.
Joginder Kumar v. State of UP (1994 SC)
Emphasized the importance of informing the detainee of reasons for arrest/detention.
Kedar Nath v. State of Bihar (1962 SC)
SC held that a detenu must receive sufficient information to make an effective representation; mere statement of detention is not enough.
Kerala HC Observation
Non-supply of relied documents affects the core of procedural fairness and may render detention invalid.
⚖️ Key Takeaways
Article 22(5) Rights: Detenu must:
Be informed of the grounds of detention.
Receive all documents/materials relied upon by authorities.
Have the opportunity to make effective representation.
Failure to supply documents:
Violates natural justice.
Can make detention challengeable in High Court.
Legal Principle: Preventive detention must balance state security with individual liberty, ensuring transparency and fairness.
In short: The Kerala High Court ruled that non-supply of documents relied upon in a detention order undermines a detenu’s rights under Article 22(5). Without access to the material facts, the detenu cannot effectively challenge detention, which violates procedural fairness and natural justice principles.
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