Detenue Incapable of Making Representation

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 The division bench comprising of Justice K.N. Phaneendra and Justice Somashekhar in Vijaya v. Commissioner of Police, 2018 SCC Online Kar 3200, on question whether the illegible portion supplied to petitioner was so relevant that because of that portion alone he could not make proper representation before the Advisory Board, refused to interfere with the detention order passed against petitioner herein finding no reasons.

 

The petitioner questioned the order of detention sought for quashing of detention order passed against the detenue-petitioner on the sole ground that the said order was vitiated as the documents furnished to him were illegible. It was averred that the order was violative of Article 22(5) of the Constitution of India as the procedure followed had affected his right to make meaningful representation.

 

The division judge bench relied on Supreme Court Judgment in Union of India v. Mohammed Ahmed Ibrahim, 1993 Supp (1) SCC 405, where it was held that if the detenue alleges supply of illegible documents by detaining authority, then the extent and nature of illegibility and its effect on his right of representation must be considered by Court.