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    <title>2016 (1) TMI 1475 - KERALA HIGH COURT</title>
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    <description>Preventive detention under COFEPOSA requires that all relied upon materials be effectively communicated within the prescribed time so the detenus can make a meaningful representation under Article 22(5). Where CCTV footage formed part of the grounds of detention, supplying only a compact disc without any facility to view the footage was not proper communication. A later opportunity to view the footage before the Advisory Board did not cure the initial breach, because the right to represent to the detaining authority, the Central Government and the Advisory Board is independent. The detention orders were therefore unsustainable and release was directed if the detenus were not otherwise required.</description>
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      <description>Preventive detention under COFEPOSA requires that all relied upon materials be effectively communicated within the prescribed time so the detenus can make a meaningful representation under Article 22(5). Where CCTV footage formed part of the grounds of detention, supplying only a compact disc without any facility to view the footage was not proper communication. A later opportunity to view the footage before the Advisory Board did not cure the initial breach, because the right to represent to the detaining authority, the Central Government and the Advisory Board is independent. The detention orders were therefore unsustainable and release was directed if the detenus were not otherwise required.</description>
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