https://www.taxtmi.com/caselaws?id=421829 In preventive detention matters, failure to supply relied upon documents in legible form, or non-supply of relevant material, deprives the detenus of an effective opportunity to make a meaningful representation and violates Article 22(5). The Court treated reliance on illegible material as equivalent to non-placement of that material before the detaining authority, holding that the subjective satisfaction was vitiated for non-application of mind. Section 5A could not save the detention orders because severability does not cure a defect that goes to the root of the formation of subjective satisfaction. The detention orders were quashed and release was directed unless required in another case. en-us Mon, 02 May 2022 00:00:00 +0530 Tue, 03 May 2022 08:22:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=421829 In preventive detention matters, failure to supply relied upon documents in legible form, or non-supply of relevant material, deprives the detenus of an effective opportunity to make a meaningful representation and violates Article 22(5). The Court treated reliance on illegible material as equivalent to non-placement of that material before the detaining authority, holding that the subjective satisfaction was vitiated for non-application of mind. Section 5A could not save the detention orders because severability does not cure a defect that goes to the root of the formation of subjective satisfaction. The detention orders were quashed and release was directed unless required in another case. Case-Laws Customs Mon, 02 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=421829