In Jaseela Shaji vs Union of India case (2024), the Supreme Court highlighted the rights of detenu (detained person) to make an effective representation against preventive detention.

• Preventive detention means detention of a person without trial. 

Highlights of the Judgment

• Detenu has the right to be furnished with the grounds of detention along with the documents relied on for such detention. 
  • If there is failure or even delay in furnishing those documents, it would amount to denial of the right to make an effective representation under Article 22(5) of the Constitution.
• Article 22(5) mandates that detaining authority must:
  • Inform detenu as soon as practicable of grounds on which detention has been made.
  • Provide detenu the earliest opportunity of making a representation against detention order. 

Preventive Detention 

• Article 22(3) allows the authorities to detain individuals for preventive reasons, such as the maintenance of public order or national security.
• The constitution provides for certain safeguards: 
  • No preventive detention law should authorize the detention beyond three months unless an Advisory Board approves it.
  • Grounds for preventive detention shall be communicated earliest. 
  • Provide earliest opportunity of making a representation.