Preventive detention: unexplained delay in supplying relied-upon documents can defeat the right to effective representation.

The right to make an effective representation against preventive detention includes prompt access to the statements and documents relied upon in the grounds of detention. Where the detenu requests those materials, the detaining authority must furnish them with reasonable expedition and give a satisfactory explanation for any delay. Here, the request was not met promptly, the response was channelled through other officers, inspection was offered only after delay, and copies were supplied several days later without adequate justification. The unexplained lapse infringed the detenu's constitutional safeguard and rendered the detention unsustainable in law.

---

---

Issues: Whether unexplained delay in furnishing copies of the statements and documents referred to in the grounds of detention deprived the detenu of an effective opportunity to make a representation and vitiated the detention.

Analysis: The right to make a representation against preventive detention is a fundamental safeguard, and the detenu is entitled to obtain, with reasonable expedition, the materials relied upon in the grounds of detention when they are required for an effective representation. Once such a request is made, the detaining authority must act promptly and satisfactorily explain any delay. On the facts, the request was not met expeditiously, the response was routed through other officers, inspection was offered only after delay, and copies were supplied only several days later. The explanation offered did not justify the lapse in prompt compliance.

Conclusion: The detention was not in accordance with law and the petition succeeded.

Final Conclusion: Failure to furnish the relied-upon documents with reasonable expedition infringed the detenu's constitutional safeguard of effective representation, rendering the detention unsustainable.

Ratio Decidendi: Where a detenu requests copies of the statements and documents relied upon in the grounds of detention for the purpose of making an effective representation, the detaining authority must furnish them with reasonable expedition, and unexplained delay invalidates the detention.

---