Effective access to relied-upon detention material is required; handing over unreadable CDs was held insufficient.

CDs relied upon in COFEPOSA detention grounds had to be supplied in a form that gave detenues effective, independent access to the material. Mere delivery of the discs, without hardware or readable access, was treated as insufficient communication of relied upon documents under Article 22(5) and Section 3(3) of the COFEPOSA Act. The later attempt to view the contents on a computer screen did not cure the defect because the detenues were not enabled to peruse the material and prepare representations at the earliest. The detention orders were therefore held vitiated and quashed.

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Issues: Whether the detention orders under the COFEPOSA Act were vitiated for non-supply of readable copies or effective access to the documents stored in CDs relied upon in the grounds of detention, thereby denying the detenues an effective opportunity to make a representation.

Analysis: The CDs formed part of the relied upon documents and were integral to the grounds of detention. Mere handing over of CDs, without the hardware necessary to view or read their contents, did not amount to meaningful communication of the material relied upon by the detaining authority. The obligation to supply relied upon documents flows from the constitutional safeguard under Article 22(5) and the statutory scheme under Section 3(3) of the COFEPOSA Act. The later attempt to show the contents on a computer screen did not cure the defect, because the detenues were not given the documents in a form that enabled them to peruse them independently and prepare representations at the earliest. The claimed exceptional circumstances were not accepted.

Conclusion: The detention was held to be vitiated by non-supply of effective access to the relied upon material, and the detention orders were quashed.

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