MOHD. PAYER Vs. STATE

JUDGEMENT

(1.) Impugned is the order of detention No. 07-DMK/PSA of 2010 dated 25.09.2010. The said order has been confirmed and the period of detention has been fixed as one year.

(2.) Contention of the learned Counsel for the Petitioner is that the non application of mind on the part of Detaining Authority is apparent from the wording of the order impugned itself.

(3.) Secondly it is contended that the detenue has been deprived of making an effective representation which is a right guaranteed under Article 22(5) of the Constitution and infringement of such right renders the order of detention as illegal. Supporting his contention, learned Counsel for the Petitioner placed reliance on the judgment captioned Sophia Ghulam Mohammad v. State of Maharashtra, 1999 AIR(SC) 3051, wherein it has been held: The right to be communicated the grounds of detention flows from Article 22(5) while the right to be supplied all the material on which the grounds are based flows from the right given to the detenue to make a representation against the order of detention. A representation can be made and the order of detention can be assailed only when all the grounds on which the order is based are communicated to the detenue and the material on which those grounds are based are also disclosed and copies thereof are supplied to the person detained, in his own language.