HITESH GOPAL MORE v. THE DISTRICT MAGISTRATE AND ORS
Detention Order Quashed for Non-Supply of Supporting Documents and Translation, Violating Detenu's Right to Effective Representation under Article 22(5).
Court: Bombay High Court
Citation: 2025:BHC-AS:57086-DB
Decision Date: 15-12-2025
List of Laws
Article 22(5) of the Constitution of India; Gujarat Prevention of Anti-Social Activities Act, 1985; Preventive Detention; Right to Representation
- Facts: Hitesh Gopal More, the petitioner, was detained under an order issued by the District Magistrate of Dadra & Nagar Haveli under Section 3(2) of the Gujarat Prevention of Anti-Social Activities Act, 1985, as extended to the Union Territory. The petitioner challenged the detention order, arguing that vital documents relied upon by the detaining authority were not annexed to the detention order nor supplied to him.
- Procedural Posture: The petitioner, Hitesh Gopal More, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay, challenging the detention order issued by the District Magistrate.
- Issue: Whether the detention order is valid when the documents relied upon by the detaining authority are not annexed to the detention order or supplied to the detenu, and whether the failure to provide a translated copy of the detention order in a language the detenu understands violates Article 22(5) of the Constitution of India.
- Holding: The High Court held that the detention order was invalid and quashed it, ordering the petitioner's release.
- Reasoning: The Court reasoned that the failure to provide the documents relied upon in the detention order and a translated copy of the order to the detenu violated Article 22(5) of the Constitution of India, which guarantees the right to make an effective representation against the detention. The court emphasized that supplying the grounds of detention includes providing the documents relied upon in those grounds, citing the Supreme Court's decision in Smt. Icchu Devi Choraria Vs. Union of India & Ors. The court distinguished the case from Abdul Sattar Abdul Kadar Shaikh Vs. Union of India & Ors, where the necessary documents were, in fact, provided. The Court stated, "In the present case along with the Order of Detention, no document referred to and relied upon by the Respondent No.1 was supplied to the Petitioner, so also the translated copies of the Detention Order in a language to which the Petitioner is well conversant with, has also not been supplied to him. According to us, the Detention Order therefore is vitiated and needs to be quashed and set aside."
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