2022 (11) TMI 221 - HC - Customs
Validity of detention order - supply of illegible RUDs - subjective satisfaction of the detaining authority is vitiated or not - whether the present detenu is similarly placed as the detenus in the Zakir [2022 (5) TMI 89 - DELHI HIGH COURT] case so as to attract the ground of parity? - HELD THAT:- In view of the admitted position by the official respondents and the above extracted decision of this court, the RUDs supplied to the detenu, as well as, relied upon by the Detaining Authority in arriving at its ‘subjective satisfaction’ were admittedly illegible, therefore, grossly violating the constitutional right of making an effective representation, guaranteed to the detenu under Articles 14,21 and 22(5) of the Constitution of India.
It is trite to say that when a person is detained in pursuance to an order of preventive detention, the statutory authorities are constitutionally charged with the responsibility of ensuring that the grounds of detention, including legible copies of all RUDs and other relevant documents that are considered whilst forming the subjective satisfaction, are provided to the detenu by the detaining authority; so as to enable the detenu to make an effective representation to the advisory board, as well as to the detaining authority. Therefore, the failure and non-supply of legible copies of all RUDs despite of a request and representation made by the detenu for the supply of the same, renders the order of detention illegal and bad in law; and vitiates the subjective satisfaction arrived at by the detaining authority.
It is well settled and not in dispute that under the provisions of Section 3 of COFEPOSA, it is only the detaining authority, which can ultimately decide to pass or not, a detention order against any person, and that too, after perusing each and every document and material placed before it. It is also not in dispute that the ‘subjective satisfaction’ of the detaining authority itself is to be arrived at after perusing all the relevant documents and material produced - It is also an admitted position that many of the RUDs placed before the detaining authority were illegible/dim/blank pages. There are considerable force in the contention that had the detaining authority itself perused the RUDs for arriving at its ‘subjective satisfaction’ and formulation of grounds, it would have been alive to the fact that many of the RUDs placed before it were wholly illegible.
Whether the detenu in the present case is similarly placed with the detenu in the case of Zakir [2022 (5) TMI 89 - DELHI HIGH COURT]? - HELD THAT:- In view of the admitted position by the sponsoring authority, as well as, the detaining authority, we find force in the argument that the present detenu is similarly placed as the detenus in the case of Zakir and would consequently, attract the ground of parity.