TMI Blog1990 (1) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... but on the basis of some grounds which, according to the petitioner, were not urged in that Writ Petition. The learned Counsel submits that the petitioner is not an enlightened person and is not conversant with his constitutional rights and earlier he was not aware of the existence of some relevant documents namely: 1. Copies of the FIRs pertaining to the offences registered against the petitioner under the Bombay Prohibition Act in the years 1988 and 1989. 2. Copies of the FIR pertaining to the offences registered against the petitioner under Sections 147, 148, 149, 324, 506(2) Indian Penal Code. 3. Copies of the bail applications filed by the petitioner in the cases registered against him under the Bombay Prohibition Act, and Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and the same was rejected by the detaining authority on 30.9.1989. So far as the FIRs are concerned it is stated in the Affidavit-in-reply that the copies have been supplied to the detenu. At any rate, Annexure 'D' to the grounds of detention mentions the details of papers supplied to the petitioner and from that we find that the copies of the complaints in each of these crimes and the statements of witnesses have been supplied. Annexure 'E' mentions the details of the five crimes registered against the petitioner. In the representation made by the petitioner and also in the Habeas Corpus Writ Petition No.302/89, as a matter of fact, the petitioner has referred to the details of all the crimes. Under these circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... But the grievance of the petitioner is that the documents which he wanted have not been supplied and the same is illegal. 9. One of the rights contemplated under Article 22(5) is to afford the detenu an opportunity of making an effective representation. Whether such an opportunity has been afforded or not depends on the facts and circumstances of each case. As already mentioned in the Affidavit-in-reply filed by the Commissioner of Police, it is stated that the FIRs were in fact supplied. Therefore the contention that the copies of the , FIRs were not supplied is not beyond dispute. However, as we have already mentioned, the detenu was supplied the copies of the complaints and he was very much aware of the subject matter of the crimes o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y are relevant to his defence or not is for the detenu to decide and not for the detaining authority to judge. 11. The learned Judge on the facts and circumstances of that case also further observed that the Court has to examine whether in a given case there is an infringement of the detenu's rights under Article 22(5) and for that purpose all the facts and circumstances pertaining to the case have to be considered. Ultimately the learned Judge in that case held that there was no infringement of the provisions of Article 22(5). 12. In the instant case the grounds were served on the detenu in time alongwith the documents relied upon. In addition the copies of the complaints and details of crimes were also mentioned in the annexures ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f and he was released on bail. We may also point out that though the principle of resjudicata or constructive resjudicata can not be made applicable to a case of detention yet there should be some finality. The petitioner having failed in his earlier attempts has now again come forward with the present petition with a highly belated plea that some documents, though he made a request, have not been supplied. This request, as we find from the records, was made after this Court dismissed the habeas corpus petition No. 302/89, He, however, justifies the filing of the present petition on a plea that he was unaware of the existence of these documents. But as noted above his petition itself shows that he was aware of all these documents. Therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X
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