Detainee entitled to material 'relied on' for preventive detention, says SC

The Supreme Court Thursday underlined that all material relied on by detaining authorities to order the preventive detention of an individual must necessarily be supplied to the detainee.

A bench headed by Justice BR Gavai clarified that although the detaining authority may not have to supply material it may have referred to in passing but it must supply the entire material "relied on" by it to order preventive detention. The bench said failure to furnish such documents by the detaining authority would amount to violation of the individual's fundamental right guaranteed under the Constitution of India.

Denial of such material would deprive the detainee of making an effective representation, the bench added.