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Challenge to detention order based on extraneous materials Violation of Article 22(5) of the Constitution Validity of detention order based on grounds of detention Analysis: The judgment pertains to an appeal against a detention order passed under the National Security Act 1980. The detenu was detained based on an incident during a liquor shop auction, where he threatened bidders with violence and fired at the police. The detaining authority relied on the detenu's criminal history and gang involvement, leading to the detention order. The appeal challenged the validity of the order, alleging the presence of extraneous materials influencing the decision. The key contention revolved around whether the sponsoring authority presented irrelevant materials that influenced the detaining authority's decision. The detaining authority passed the order based on documents provided, including reports from police officials highlighting the detenu's criminal activities and gang involvement. The court found that these extraneous materials, though not mentioned in the grounds of detention, could have influenced the decision to detain the individual, thereby vitiating the order. Another issue raised was the alleged violation of Article 22(5) of the Constitution, concerning the detenu's right to make an effective representation. The detenu argued that insufficient details were provided regarding the registered cases and criminal allegations against him, hindering his ability to respond effectively. Citing a previous case, the court upheld this argument, emphasizing the importance of providing specific details for effective representation. The judgment also addressed the validity of the detention order based on the grounds of detention. The detaining authority contended that even if extraneous materials were considered, the order could stand based on the grounds provided. However, the court rejected this argument, emphasizing that the extraneous materials could have influenced the decision-making process, rendering the order invalid. Ultimately, the court allowed the appeal, quashed the detention order, and directed the immediate release of the detenu. The judgment highlighted the significance of ensuring that detention orders are based on valid grounds and free from extraneous influences to uphold constitutional rights and principles.
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