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1987 (11) TMI 370 - SC - Indian LawsDetention orders - Held that:- Appeal dismissed. The impugned order of detention was clamped on 28th November, 1985 and the period of one year as provided in Section 13 of the National Security Act has also expired. Moreover, as already upheld the finding of the High Court that the order of detention is illegal and bad for non-supply of vital documents to the detenus to enable them to make an effective representation against the grounds of detention and as such their right to make an effective representation as contemplated under Article 22(5) of the Constitution of India has been infringed rendering the impugned order as illegal and bad. Furthermore, the nonproduction of relevant materials i.e. the statement of the under-trial prisoners in their application in the court that the detenus had been falsely implicated in the crime case No. 450 of 1985 under section 307;34 I.P.C. and also the statement to that effect in the bail petition and the police report thereon, before the detaining authority for his consideration before passing the order of detention, renders the order of detention invalid and illegal.
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