Smitha Gireesh vs Union of India case<\/em>, (supra), some of the documents were supplied on CDs. The detenue in this case had asked for a CD player so that he could view or read the documents. However, it was not given to the detenue. The Court had then ruled that it was violative of Article 21 and 22 of the Constitution as it took away the right of the detenue to make an effective representation at the earliest.<\/p>\nThe Bench said that \u201cthe detention of the petitioners stand vitiated on account of non-supply of either the printed co-pies\/hard copies of the documents contained in the CDs of the RUDs in both the cases, or the non-provision of a CD player\/laptop\/desktop computer to the petitioners, to enable them to read and peruse the documents contained in the CDs to be able to, firstly, know as to what documents the detaining authority has relied upon and, secondly, to be able to deal with the said incriminating material in their representations\u201d.<\/p>\n
Appearing for the Centre, its standing counsel Amit Mahajan submitted\u00a0 that the documents were \u201cshown\u201d on the computer screen to the detenues. The Court while nixing the argument said, \u201cIt would be too much to expect the dentenues to be able to remember the contents of the documents that they may have viewed on the computer screen, and to be able to effectively make their representation thereafter. The DA cannot reasonably expect normal human beings to be able to do so. Supply of the RUDs is not an empty formality. Thus, the submission that, at least, one of the detenues, namely, Dharaneesh Raju Shetty has been \u201cshown\u201d the documents on the 14th day of his detention is of no avail\u201d.<\/p>\n
\u201cThe submissions of Mr Mahajan, counsel for the Centre that the supply of documents on CDs is akin to supply of illegible documents cannot be accepted. It is worse than supplying documents in a completely foreign language without true translations. It is like supplying documents in a locked trunk without the key to unlock the trunk,\u201d the bench said.<\/p>\n
\u00a0<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"Above: Delhi High Court said the petitioners\u2019 right to make\u00a0 representation against their arrest was denied The Delhi High Court has set free two persons held under COFEPOSA on the ground that the documents detailing their Grounds of Detention (GoD) had not been given to them ~By Kunal Rao The Delhi High Court recently quashed […]<\/p>\n","protected":false},"author":2,"featured_media":49808,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_jetpack_memberships_contains_paid_content":false,"jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","enabled":false}}},"categories":[246],"tags":[44695,1377],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_featured_media_url":"https:\/\/d2r2ijn7njrktv.cloudfront.net\/IL\/uploads\/2018\/06\/DelhiHighCourt-2.jpg","_links":{"self":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/posts\/49805"}],"collection":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/comments?post=49805"}],"version-history":[{"count":0,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/posts\/49805\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/media\/49808"}],"wp:attachment":[{"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/media?parent=49805"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/categories?post=49805"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.indialegallive.com\/wp-json\/wp\/v2\/tags?post=49805"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}