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2010 (9) TMI 1217 - SC - Indian LawsValidity of Detention Order - incarceration u/s 3(2) of the National Security Act, 1980 ("NS Act") - Rights of detenue - HELD THAT:- In our considered view, the grounds on which detention order is passed has no probative value and were extraneous to the scope, purpose and the object of the National Security Act. This Court in the case of Mohd. Yousuf Rather Vs. State of Jammu & Kashmir and Ors. [1979 (8) TMI 222 - SUPREME COURT] has observed that under Article 22(5), a detenu has two rights (1) to be informed, as soon as may be, of the grounds on which his detention is based and (2) to be afforded the earliest opportunity of making a representation against his detention. The inclusion of an irrelevant or non-existent ground among other relevant grounds is an infringement of the first right and the inclusion of an obscure or vague ground among other clear and definite grounds is an infringement of the second right. No distinction can be made between introductory facts, background facts and `grounds' as such; if the actual allegations were vague and irrelevant, detention would be rendered invalid. In so far as the documents on which reliance is placed, in our opinion, none of these documents provide any reasonable basis for passing the detention order. The primary reliance has been on the accused's own statement made to an Investigating Officer. This cannot be said to be sufficient to form the subjective satisfaction of the detaining Authority. Statements u/s 161, of the Cr.P.C. cannot be taken as sufficient grounds in the absence of any supportive or corroborating grounds. Section 161 statements are not considered substantive evidence, but can only be used to contradict the witness in the course of a trial. The same is clear from the wording of Section 162(1) of the Cr.P.C and has been so held time and again by this Court. In Rajendra Singh v. State of Uttar Pradesh,[2007 (8) TMI 752 - SUPREME COURT]. Furthermore, none of the other documents substantiate the involvement of the detenu in unlawful activities as alleged in the detention order. In regard to delay of 7 days - delay has occurred in the forwarding of the representation. This may not be inordinate; however, at no stage has there been an explanation given for this delay. The State Government or Central Government has not clarified the same and thus the delay remains unexplained. In light of the fact that none of the documents relied on by the detaining Authority in passing the detention order can be deemed to be pertinent, and the fact that the delay has remained unexplained, there is sufficient ground made out in order to quash the order of preventive detention made against the detenu.
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