Not providing effective hearing to detenue, ultimately renders such detention order invalid

Detaining Authority is peremptorily required to afford a proper opportunity to the detenu, to be heard in person by the Advisory Board. In the case at hand, the written communication of intimation of the hearing by the State Advisory Board was sent by Fax to Jail Authorities, just before the commencement of the video conference hearing by the State Advisory Board on the same date. There was a denial of a specific request for furnishing translated copies and other material and such information was communicated belatedly.

This actually amounted to a mere empty formality of hearing on video conference, without any sufficient prior intimation to the detenu for preparation or arrangement for such hearing, without permitting any time to seek assistance by any friend or advocate, that too when the detenu has no documents/materials/judgments in his hand, cannot be justified for preventive detention.

Rohinton Fali Nariman J held that “Once no effective hearing was given to the detenu by the Advisory Board, Detention Order is liable to be set aside and detenu is ordered to be released immediately.”