Preventive detention fails when relied-upon documents are not supplied promptly, defeating the right to effective representation.

Unreasonable delay in supplying copies of documents relied upon in the grounds of preventive detention violates Article 22(5) because it defeats the detenu's right to make an effective representation. The Supreme Court of India noted that repeated requests for the relied-upon material were not met by prompt supply, and mere inspection of documents was not an adequate substitute. Because the delay remained inordinate and unexplained, the denial of prompt copies stultified the constitutional safeguard and vitiated the detention.

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Issues: Whether unreasonable delay and non-supply of copies of the documents relied upon in the grounds of detention violated the detenu's right under Article 22(5) and vitiated the detention.

Analysis: The detenu had repeatedly requested copies of the material documents relied upon in the grounds of detention so as to make an effective representation. The authorities did not furnish the copies promptly and instead offered inspection, which was not an adequate substitute for supplying the documents themselves. The delay in furnishing the copies was inordinate and remained unexplained. Since prompt supply of the relied-upon material is integral to the detenu's constitutional right to make an effective and purposeful representation, such unreasonable delay stultified that right and affected the legality of continued detention.

Conclusion: The detention was vitiated by the unreasonable delay and non-supply of the relied-upon documents, and the writ petitions succeeded.

Ratio Decidendi: In preventive detention matters, unreasonable delay in supplying copies of the materials relied upon in the grounds of detention violates Article 22(5) because it defeats the detenu's right to make an effective representation, thereby vitiating the detention.

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