https://www.taxtmi.com/caselaws?id=757343 Preventive detention based on relied-upon WhatsApp chats and allied electronic material failed where that material was not supplied to the detenue, because effective representation under Article 22(5) requires access to all relied-upon records. The document also states that a later Division Bench could not depart from an earlier coordinate Bench decision on materially identical detention grounds and evidence merely by treating other materials as distinguishing factors; if it doubted the earlier view, judicial discipline required reference to a larger Bench. On that basis, the detention order was vitiated for non-supply of relied-upon electronic material and the appeal succeeded. en-us Tue, 20 Aug 2024 00:00:00 +0530 Thu, 22 Aug 2024 15:10:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757343 Preventive detention based on relied-upon WhatsApp chats and allied electronic material failed where that material was not supplied to the detenue, because effective representation under Article 22(5) requires access to all relied-upon records. The document also states that a later Division Bench could not depart from an earlier coordinate Bench decision on materially identical detention grounds and evidence merely by treating other materials as distinguishing factors; if it doubted the earlier view, judicial discipline required reference to a larger Bench. On that basis, the detention order was vitiated for non-supply of relied-upon electronic material and the appeal succeeded. Case-Laws Indian Laws Tue, 20 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757343