https://www.taxtmi.com/caselaws?id=183603 Preventive detention is invalid where material statements relied upon in the grounds are withheld, because the detenu is then denied an effective opportunity to make a representation under Article 22(5). The detention is also unsustainable where the detaining authority proceeds on a factual premise materially different from the record, such as treating an unexecuted attempt as actual diversion of funds. In both situations, the constitutional right to representation is prejudiced and the order is vitiated for breach of Article 22(5) and non-application of mind. en-us Fri, 17 Sep 1982 00:00:00 +0530 Thu, 16 Jun 2016 12:28:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=183603 Preventive detention is invalid where material statements relied upon in the grounds are withheld, because the detenu is then denied an effective opportunity to make a representation under Article 22(5). The detention is also unsustainable where the detaining authority proceeds on a factual premise materially different from the record, such as treating an unexecuted attempt as actual diversion of funds. In both situations, the constitutional right to representation is prejudiced and the order is vitiated for breach of Article 22(5) and non-application of mind. Case-Laws Indian Laws Fri, 17 Sep 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=183603