https://www.taxtmi.com/caselaws?id=302132 Preventive detention under the COFEPOSA Act requires the detaining authority to independently apply its mind to the material before recording subjective satisfaction. The Delhi HC decision discussed in the text treats copied draft grounds, repeated errors and a pre-determined approach as evidence of non-application of mind, making the detention invalid. It also explains that Article 22(5) requires disclosure of all relied upon or vital material, and that non-supply of the Madras High Court writ proceedings and stay order deprived the detenu of an effective opportunity to make representation. On that reasoning, the detention was quashed and release directed. en-us Wed, 20 Jan 2010 00:00:00 +0530 Fri, 06 May 2022 10:41:57 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=302132 Preventive detention under the COFEPOSA Act requires the detaining authority to independently apply its mind to the material before recording subjective satisfaction. The Delhi HC decision discussed in the text treats copied draft grounds, repeated errors and a pre-determined approach as evidence of non-application of mind, making the detention invalid. It also explains that Article 22(5) requires disclosure of all relied upon or vital material, and that non-supply of the Madras High Court writ proceedings and stay order deprived the detenu of an effective opportunity to make representation. On that reasoning, the detention was quashed and release directed. Case-Laws Indian Laws Wed, 20 Jan 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=302132