Preventive detention safeguards breached where wrong relied-upon documents were supplied, defeating effective representation under Article 22(5).

Non-supply of the correct relied upon documents in preventive detention breached Article 22(5) because the detenu was denied an effective opportunity to make a representation. The supplied papers were meant for another person, and preventive detention requires strict compliance with procedural safeguards, including complete grounds and supporting materials. Because the wrong set of documents was furnished within the prescribed time, the constitutional safeguard was violated and the detention stood vitiated.

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Issues: Whether the detention order was vitiated because the detenu was not supplied the relied upon documents meant for him along with the grounds of detention, thereby denying him an effective representation under Article 22(5) of the Constitution.

Analysis: The relied upon documents furnished to the detenu were in fact the list of documents meant for another person, although the detention order and grounds were independent and related to the detenu himself. In preventive detention matters, strict compliance with procedural safeguards is mandatory, and the right under Article 22(5) includes the right to make an effective representation with complete grounds and supporting materials. The detenu, being in custody, could not be expected to assume that documents relating to someone else were identical to those required in his own case. Since the correct set of relied upon documents was not supplied with the grounds within the prescribed time, the constitutional safeguard stood breached.

Conclusion: The non-supply of the correct relied upon documents violated Article 22(5) and vitiated the detention order.

Ratio Decidendi: In preventive detention, failure to furnish the relied upon documents that form part of the grounds of detention, or furnishing the wrong set of documents, denies the detenu an effective representation and renders the detention invalid.

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