KAMLA KANAHIYALAL KHUSHALANI vs STATE OF MAHARARASHTRA AND ANR.

The Supreme Court held that the failure to supply the documents and materials on which the detention order was based, along with the unexplained delay in disposing of the detenu's representation, constituted a violation of the safeguards under Article 22(5) of the Constitution. The Court emphasized that for an 'effective representation' to be made, the detenu must be provided with the relevant documents, and any departure from this requirement would vitiate the detention order. Consequently, the Court allowed the petition and quashed the detention order.