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Issues involved:
The issues involved in this legal judgment include non-compliance with constitutional safeguards in a detention case, delay in disposing of the detenu's representation, and the necessity of supplying documents and materials to the detenu along with the grounds of detention. Non-Compliance with Constitutional Safeguards: The petition was filed by the detenu's sister seeking release due to non-compliance with constitutional safeguards. The detenu was arrested and served with grounds of detention on 20-10-1980, but the documents and materials forming the basis of detention were provided on 5-11-1980. The detenu's representation made on 18-11-1980 was disposed of on 15-12-1980, causing a delay. The Court held that failure to provide documents along with the grounds of detention violates Art. 22(5) of the Constitution, rendering the detention void. The Court emphasized the importance of detenu's access to all materials for making an effective representation. Supply of Documents and Materials: The Court referred to previous decisions emphasizing the need to supply documents and materials relied upon in the order of detention to the detenu without delay. It was held that the detenu must be informed of all materials considered against him for a meaningful opportunity to make a representation. Failure to provide these documents deprives the detenu of a fair chance to challenge the detention order. The Court reiterated that constitutional safeguards must be strictly observed before supporting an order of detention. Interpretation of Legal Provisions: The judgment highlighted the significance of Art. 22(5) and the need for a just and reasonable procedure in preventive detention cases. It was emphasized that the detenu should have a real and meaningful opportunity to present his case to the detaining authority. The Court stressed that any departure from the safeguards laid down by the Constitution would render the detention order void. The judgment underscored the importance of protecting the liberty of citizens unless absolutely necessary for preventing anti-national activities. Compliance with Safeguards: Despite repeated warnings, the detaining authorities were found to be non-compliant with constitutional safeguards. The Court expressed concern over the lack of adherence to the spirit of Art. 22(5) and suggested holding responsible those failing to comply with the safeguards. The judgment called for strict compliance with constitutional requirements and suggested taking action against officials responsible for non-compliance. In this case, the detaining authority's failure to supply documents promptly and the delay in disposing of the representation led to the detenu's release. Conclusion: The Court allowed the petition, directing the detenu's immediate release due to the void nature of the continued detention. The judgment recommended sending a copy to relevant government officials for necessary action. The decision emphasized the need for strict adherence to constitutional safeguards in preventive detention cases to protect the fundamental rights of citizens.
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