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Issues:
1. Compliance with constitutional safeguards under Article 22(5) regarding preventive detention. 2. Delay in disposing of the detenu's representation and non-supply of documents and materials forming the basis of detention. 3. Interpretation of the term "effective representation" under Article 22(5). 4. Importance of upholding the rights of a citizen in preventive detention cases. 5. Government's responsibility in ensuring compliance with constitutional safeguards in detention cases. Detailed Analysis: 1. The petition was filed by the detenu's sister seeking release due to alleged non-compliance with constitutional safeguards in preventive detention cases. The detenu was arrested, and only the grounds of detention were initially served without accompanying documents and materials forming the basis of detention. The detenu's representation was disposed of after a significant delay, raising concerns about the adherence to safeguards under Article 22(5) of the Constitution. 2. The primary argument for the petition's success was based on the failure to supply the documents and materials integral to the grounds of detention to the detenu promptly. The Supreme Court emphasized the necessity of providing detenus with all relevant documents and materials to enable them to make an effective representation against their detention. The delay in disposing of the detenu's representation was also highlighted as a crucial factor in determining the validity of the detention order. 3. The interpretation of the term "effective representation" under Article 22(5) was a key point of contention. The Court stressed that detenus must be informed of all materials considered against them to have a meaningful opportunity to challenge their detention. The failure to supply documents referenced in the grounds of detention along with the grounds themselves was deemed to render the representation illusory rather than effective. 4. The judgment underscored the significance of upholding a citizen's rights in cases of preventive detention without trial. It emphasized the need for strict adherence to constitutional safeguards under Article 21 and Article 22(5) to prevent any unjust deprivation of liberty. The Court highlighted that any departure from these safeguards could render the detention order void. 5. The Court expressed deep concern over the repeated non-compliance with constitutional safeguards by detaining authorities. It called for personal accountability of officials responsible for preparing detention orders that do not meet the required standards. The judgment emphasized the government's responsibility in ensuring that detaining authorities strictly adhere to constitutional requirements to prevent unjust detentions and subsequent legal challenges. In conclusion, the Supreme Court held that the detenu's continued detention was void due to non-compliance with constitutional safeguards. The Court directed the detenu's immediate release and urged the government to take necessary actions to ensure compliance with these safeguards in future detention cases.
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