Supply Of Illegible/Blurred Copies Of Documents Relied By Detaining Authority Amounts To Violation Of Detenu's Fundamental Right U/Art 22(5) Of Constitution: Supreme Court

The Supreme Court observed that the supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution.

The detenu is always entitled to be supplied with the legible copies of the documents relied upon by the detaining authority and such information made in the grounds of detention enables him to make an effective representation, the bench of Justices Ajay Rastogi and CT Ravikumar observed.

The bench observed thus while uphodling the Manipur High Court judgment setting aside an order of detention passed under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 on the premise that the authorities failed to supply the legible copies of documents which were relied upon by the appellants while passing the order of detention under the provisions of the Act 1988.

In appeal before the Apex Court, the State submitted that, the detenu, at no stage, raised any objection that the pages of the documents relied upon by the detaining authority in the grounds of detention were illegible or blurred and the objection was raised, for the first time, before the High Court and not at any stage before the detaining authority.  On the other hand, the Amicus Curiae Advocate Prerna Singh, who appeared for the respondent contended that once the fundamental right has been infringed, even if it was not raised before the detaining authority, that will not take away the fundamental right.

The court noted that Article 22(5) of the Constitution confers two rights on the detenu, firstly, the right to be informed of the grounds on which the order of detention has been made and, secondly, to be afforded an earliest opportunity to make a representation against the order of detention.

"It is well settled that right to make a representation implies that the detenu should have all the information that will enable him to make an effective representation. No doubt, this right is again subject to the right or privilege given by clause (6). At the same time, refusal to supply the documents requested by the detenu or supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution. Although it is true that whether an opportunity has been afforded to make an effective representation always depends on the facts and circumstances of each case."

While dismissing the appeal, the court further observed:

"Tthe right of personal liberty and individual freedom which is probably the most cherished is not, in any manner, arbitrarily to be taken away from him even temporarily without following the procedure prescribed by law and once the detenu was able to satisfy while assailing the order of detention before the High Court in exercise of jurisdiction Article 226 of the Constitution holding that the grounds of detention did not satisfy the rigors of proof as a foundational effect which has enabled him in making effective representation in assailing the order of detention in view of the protection provided under Article 22(5) of the Constitution, the same renders the order of detention illegal and we find no error being committed by the High Court in setting aside the order of preventive detention under the impugned judgment."

Case details

State of Manipur vs Buyamayum Abdul Hanan @ Anand | 2022 LiveLaw (SC) 862 | SLP(Crl) 2420 of 2022 | 19 October 2022 | Justices Ajay Rastogi and CT Ravikumar

Headnotes

Constitution of India, 1950 ; Article 22(5) - Right to make representation is a fundamental right of the detenu under Article 22(5) - Refusal to supply the documents requested by the detenu or supply of illegible or blurred copies of the documents relied upon by the detaining authority amounts to violation of Article 22(5) of the Constitution - Whether an opportunity has been afforded to make an effective representation always depends on the facts and circumstances of each case. (Para 17-21)

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 - Supply of the illegible copy of documents which has been relied upon by the detaining authority indeed has deprived him in making an effective representation and denial thereof will hold the order of detention illegal and not in accordance with the procedure contemplated under law. (Para 21)

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