Preventive detention and effective representation: withholding material documents vitiates detention when they bear on subjective satisfaction.

In preventive detention under the COFEPOSA Act, detention cannot stand if material documents bearing directly on the detaining authority's subjective satisfaction are not placed before it and not supplied to the detenu. Article 22(5) requires disclosure of relied-upon material so the detenu can make an effective representation. On the facts, vital documents relevant to the detenu's defence were withheld from both the authority and the detenu, depriving the constitutional safeguard of meaningful representation. The Supreme Court held that this non-placement and non-supply vitiated the detention order, and the challenge to detention succeeded.

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Issues: Whether the detention order under the COFEPOSA Act was vitiated because vital documents relied upon or relevant to the detaining authority's satisfaction were not supplied to the detenu, thereby denying an effective representation under Article 22(5) of the Constitution of India.

Analysis: Preventive detention can be sustained only if the detaining authority considers all material circumstances bearing on the necessity of detention, including relevant material in favour of the detenu. The safeguard under Article 22(5) requires supply of the documents that were relied upon for arriving at subjective satisfaction so that the detenu may make an effective representation. The Court held that, on the facts, certain documents having a direct bearing on the detention were not placed before the detaining authority and were also not supplied, even though they were material to the detenu's defence.

Conclusion: The non-placement and non-supply of the vital documents vitiated the detention and the challenge to the detention order succeeded.

Final Conclusion: The detention order could not be sustained because the constitutional safeguard of an effective representation was not honoured where material documents bearing on the decision were withheld.

Ratio Decidendi: In preventive detention matters, all material documents that bear directly on the detaining authority's satisfaction and on the detenu's ability to make an effective representation must be placed before the authority and supplied to the detenu; failure to do so vitiates the detention order.

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