Detenu's Release Due to Delayed Document Supply Violating Constitutional Safeguard

The delayed supply of crucial documents to the detenu violated the constitutional safeguard under Article 22(5) of the Constitution. As the detaining authority failed to provide all relied upon documents simultaneously with the grounds of detention, the continued order of detention was deemed void. The detenu, who was arrested for smuggling silver, was released immediately as the Court held that the delayed supply hindered the detenu's ability to make an effective representation.

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Issues involved: Violation of constitutional safeguard u/s Article 22(5) of the Constitution due to delayed supply of crucial documents to detenu.

Summary:
In a writ of habeas corpus, the detenu was arrested on Nov. 29, 1980, and served with grounds of detention on Dec. 1, 1980. A representation was sent by the detenu on Dec. 30, 1980, which was rejected by the Government on Jan. 6, 1981. The detenu requested further documents on Jan. 5, 1981, which were supplied to him. The pivotal ground for detention was the allegation of smuggling silver out of India to foreign countries. However, the documents supporting this allegation were not provided to the detenu along with the grounds of detention, but much later on Jan. 5, 1981. The detaining authority argued that some documents were supplied along with the grounds, but the detenu demanded the rest. The Court held that the delayed supply of crucial documents violated the constitutional safeguard u/s Article 22(5) of the Constitution, which requires the detaining authority to provide all relied upon documents simultaneously with the grounds of detention. As the detenu was handicapped in making an effective representation without these vital documents, the continued order of detention was deemed void. Consequently, the petition was allowed, and the detenu was directed to be released immediately.

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