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    <title>2022 (6) TMI 326 - KERALA HIGH COURT</title>
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    <description>Non-supply of relied upon electronic materials, including screenshots and WhatsApp-related content forming part of the detention basis, violated the detenu&#039;s right to an effective representation under Article 22(5) and vitiated the preventive detention order. The Court held that disclosure for detention is not enough unless the materials relied on are furnished in a usable form when requested, and the challenge succeeded on that ground. The change in the Advisory Board&#039;s composition after retirement of judges did not invalidate the reference because the Board remained duly constituted and no prejudice was shown. Objections based on bail circumstances and the sponsoring authority&#039;s stand were also rejected because preventive detention rests on independent subjective satisfaction.</description>
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      <description>Non-supply of relied upon electronic materials, including screenshots and WhatsApp-related content forming part of the detention basis, violated the detenu&#039;s right to an effective representation under Article 22(5) and vitiated the preventive detention order. The Court held that disclosure for detention is not enough unless the materials relied on are furnished in a usable form when requested, and the challenge succeeded on that ground. The change in the Advisory Board&#039;s composition after retirement of judges did not invalidate the reference because the Board remained duly constituted and no prejudice was shown. Objections based on bail circumstances and the sponsoring authority&#039;s stand were also rejected because preventive detention rests on independent subjective satisfaction.</description>
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      <pubDate>Fri, 03 Jun 2022 00:00:00 +0530</pubDate>
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