Preventive detention order can be challenged citing non-supply of documents: Supreme Court

The Supreme Court on Tuesday held that a detenu can challenge the preventive detention order passed against him on the ground of non-supply of documents and he need not prove that prejudice was caused to him due to such documents being withheld from him [Shabna Abdulla v The Union of India and others]..A Bench of Justices BR Gavai, Prashant Kumar Mishra, and KV Viswanathan set aside a January 2023 decision of the Kerala High Court which had held that a detenu cannot challenge the detention order passed against him on the ground of non-supply of documents if he is unable to prove that prejudice was caused to him due to such documents being withheld from him.The appeal was allowed on the short point of the ruling in question being inconsistent with another Division Bench order."We are of the considered opinion that the Division Bench of the High Court while passing the impugned judgment and order should have followed the view taken by another Division Bench of the same High Court specifically when the grounds of detention and the grounds of challenge were identical in both the cases. In the event, the Division Bench of the High Court was of the view that the earlier decision of the Coordinate Bench of the same High Court was not correct in law, the only option available to it was to refer the matter to a larger Bench.".The verdict came in an appeal against the Kerala High Court judgment. The High Court had reasoned that a detenu can only demand documents after he states why and in what manner such documents are relevant for his meaningful representation in the case..The High Court's judgment was delivered on a Habeas Corpus petition seeking production of a detenu, one Abdul Raoof, who was detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA Act).The plea sought quashing of the detention order as as unconstitutional, illegal, and unsustainable in law.Raoof, who ran a cargo handling business in Dubai, was detained in April 2021 after a compressor of a refrigerator and contraband gold weighing 14763.300 grams valued at around ₹7 lakh, were seized from an air passenger..Before the Supreme Court, Senior Advocate Raghenth Basant with advocates Aanchal Tikmani and Kaushitaki Sharma appeared for the detenu.Additional Solicitor General Vikramjit Banerjee and Senior Advocate Nachiketa Joshi appeared for the Central government and the Directorate of Revenue Intelligence.Advocates Nishe Rajen Shonker, Anu K Joy, and Alim Anvar appeared for the Kerala Police..[Read judgment]