Preventive detention and Article 22(5): non-supply of relied-upon bail papers vitiates detention

Preventive detention is vitiated where the detenu is not supplied copies of the bail application and bail orders relied upon in the grounds of detention. Because those judicial documents formed part of the basis for detention, they had to be furnished to enable an effective representation under Article 22(5) of the Constitution of India. Non-supply of such vital material deprived the detenu of a meaningful opportunity to answer the grounds and rendered continued detention illegal; the issue was decided in favour of the appellant.

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Issues: Whether failure to supply the detenu copies of the bail application and bail orders relied upon in the grounds of detention violated Article 22(5) of the Constitution of India and vitiated the detention.

Analysis: The grounds of detention specifically referred to the earlier bail proceedings, showing that the detaining authority had treated those judicial orders as relevant material. Where documents forming the basis of the detention are relied upon, they must be furnished to the detenu so that an effective representation can be made. The denial of such material deprives the detenu of a meaningful opportunity to answer the grounds of detention and undermines the constitutional safeguard under Article 22(5). The case was governed by the principle that non-supply of relied-upon, vital documents renders continued detention illegal.

Conclusion: The detention was vitiated for non-supply of relied-upon documents and the issue was decided in favour of the appellant.

Ratio Decidendi: In preventive detention, any document relied upon as a vital basis of the detention must be supplied to the detenu, and failure to do so violates Article 22(5) by denying an effective right of representation.

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