Preventive detention and non-supply of relied-upon electronic records vitiate effective representation under Article 22(5).

Preventive detention based on relied-upon WhatsApp chats and allied electronic material failed where that material was not supplied to the detenue, because effective representation under Article 22(5) requires access to all relied-upon records. The document also states that a later Division Bench could not depart from an earlier coordinate Bench decision on materially identical detention grounds and evidence merely by treating other materials as distinguishing factors; if it doubted the earlier view, judicial discipline required reference to a larger Bench. On that basis, the detention order was vitiated for non-supply of relied-upon electronic material and the appeal succeeded.

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Issues: Whether the detention order was vitiated for non-supply of relied-upon WhatsApp chats and allied electronic material, thereby impairing the detenue's right to make an effective representation under Article 22(5) of the Constitution of India, and whether the later Division Bench was bound to follow the earlier coordinate Bench decision on identical grounds.

Analysis: The detention was founded on materials that included WhatsApp chats referring to the detenue, and a prior coordinate Bench of the same High Court had already held, on substantially identical detention grounds and material, that non-supply of the relied-upon electronic record had infringed the detenus' right to an effective representation. The later Bench could not disregard that view merely by treating the presence of other materials as a distinguishing factor when the same issue and same relied-upon material were involved. If the subsequent Bench doubted the correctness of the earlier coordinate Bench decision, judicial discipline required a reference to a larger Bench rather than a contrary decision on the same issue.

Conclusion: The detention order was vitiated by non-supply of relied-upon electronic material, and the appeal succeeded.

Ratio Decidendi: In preventive detention matters, non-supply of relied-upon material that is necessary for an effective representation violates Article 22(5) of the Constitution of India, and a coordinate Bench must follow an earlier decision on identical facts unless the matter is referred to a larger Bench.

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