There can be no doubt, it is not necessary to furnish copies of each and every document to which a casual or passing reference may be made in narration of facts and which are not relied upon by Detaining Authority. However, failure to furnish copies of such documents as are relied on by Detaining Authority which would deprive an effective representation would certainly amount to violation of fundamental right guaranteed under Article 22(5).

Vijay Kumar v. State of Jammu & Kashmir, (1982) 2 SCC 43 found, delay of 14 days in transmitting representation from Jammu to Srinagar and 19 days in deciding same vitiated Detention Order. Court clearly observed in Vijay Kumar, State Government must gear up its own machinery to ensure representation is transmitted quickly, it reaches Central Government as quickly as possible and is decided expeditiously. In present case, law laid down by this Court has been given a go-bye.

– Hon’ble Justice B.R. Gavai, Jaseela Shaji v. Union of India, [Criminal Appeal No. 3083 of 2024].