IMPORTANT POINT
Preventive detention – Detenu is always entitled to be supplied with legible copies of documents relied upon by detaining authority and such information made in grounds of detention enables him to make effective representation.

JUDGMENT :

Rastogi, J.

1. Leave granted.

2. The instant appeals are directed against the decision of the High Court of Manipur dated 28th October, 2021 and 16th September, 2021 setting aside the order of detention passed under Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (hereinafter referred to as “the Act 1988”) on the premise that the appellants 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.

3. Respondent no. 1, in both the appeals, was released pursuant to the order impugned dated 28th October, 2021 passed by the High Court and the period of detention of one year also expired.

4. Notice was issued by this Court on 18th April, 2022, but no one appeared on behalf of respondent no. 1 despite service of notice.

5. On the last date of hearing, i.e., 1st September 2022, this Court requested Ms. Prerna Singh, learned Advocate to appear as Amicus Curiae on behalf of respondent no.1 in both the appeals which she voluntarily accepted and assisted the Court.

6. We have heard learned counsel for the appellants, Ms. Prerna Singh, Amicus Curiae on behalf of the respondent no. 1 in both the appeals as well as learned counsel for respondent no. 2 and with their assistance perused the material on record.

7. The challenge in the writ petition originally filed on behalf of respondent no.1 was the order of detention dated 17th May, 2021 and the grounds of detention dated 22nd May, 2021 passed by the Special Secretary (Home), Government of Manipur, whereby respondent no.1 was subjected to preventive detention under the provisions of the Act 1988.

8. The main thrust on which the writ petition was filed under Article 226 of the Constitution assailing the order of detention was that respondent no.1 was not supplied with legible copies of the documents relied upon by the detaining authority while passing the order of detention and that has taken away the valuable right of respondent no.1 in making an effective representation. The right to make a representation is a fundamental right and non-supply of the legible copies of the documents relied upon by the authorities in passing the order of detention is in violation of Article 22(5) of the Constitution and placed reliance on the judgments of this Court in Smt. Dharmista Bhagat v. State of Karnataka & Another, 1989 Supp (2) SCC 155, Manjit Singh Grewal @ Gogi v. Union of India & Ors., 1990 (Supp.) SCC 59, Mehrunissa v. State of Maharashtra, (1981) 2 SCC 709 and Bhupinder Singh v. Union of India & Others, (1987) 2 SCC 234.

9. The Division Bench of the High Court placed reliance on the aforesaid judgments of this Court and set aside the order of detention dated 17th May, 2021 passed by the Special Secretary (Home), Government of Manipur.

10. Respondent no.1 in his writ petition, para 9 and ground (e) in particular, has stated that the documents which formed the basis of the grounds of detention at pages 31, 33, 35, 37, 38 are illegible and all blurred and not readable and as such respondent no.1 could not make an effective representation before the detaining authority and enclosed the grounds of detention dated 22nd May, 2021 along with the petition. Para 9 of the writ petition and ground (e) are extracted hereinbelow :

“9. That, it is pertinent to mention herein that the documents which form the basis of the grounds of detention at page no.31, 33, 35, 37, 38 enclosed herewith are all blurred and not readable and as such the detenu could not make an effective representation before the detaining authority, therefore, the impugned order and subsequent orders are liable to be set aside. The blurred and unreadable original documents furnished to the detenu while he was under detention have been filed along with the writ petition. A true copy of the documents which are not readable enclosed in the grounds of detention dated 22.05.2021 is enclosed herewith and m