TSERING DOLKAR versus ADMINISTRATOR, UNION TERRITORY OF DELHI & ORS.

TSERING DOLKAR versus ADMINISTRATOR, UNION TERRITORY OF DELHI & ORS.

The order of detention is unsustainable because the detenu was not provided grounds and accompanying documents in a language he understood, denying him a fair and adequate opportunity to make an effective representation. Furthermore, the detaining authority's failure in strict compliance, including omission of documents, and casual manner in return defeat the requirements of law under Article 22(5) of the Constitution.

Parties
Petitioner: Tsering Dolkar; Respondents: Administrator, Union Territory of Delhi & Ors.
Jurisdiction
India
Judgment Date
18 February 1987
Procedural Posture
Writ Petition (crl.) No. 670 of 1986 Under Article 32 of the Constitution of India / Final Judgment by Supreme Court
Outcome
Petition allowed. Detention order quashed.
Legal Topics
Preventive Detention, Fair Opportunity for Representation, Application of Mind by Detaining Authority, Supply of Grounds and Documents to Detenu
Constitutional Law Criminal Law Preventive Detention Fair Opportunity for Representation Application of Mind by Detaining Authority Supply of Grounds and Documents to Detenu

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Parties

Tsering Dolkar

Petitioner

Administrator, Union Territory of Delhi & Ors.

Respondents

Procedural Posture

Writ Petition (crl.) No. 670 of 1986 Under Article 32 of the Constitution of India / Final Judgment by Supreme Court

Legal Issues

  1. 1 Whether the detenu was denied fair and adequate opportunity to represent against detention due to grounds and documents not supplied in a language understood by him.
  2. 2 Whether the order of detention was vitiated by non-application of mind by the detaining authority.
  3. 3 Whether the representation made by the detenu was not sent to the Advisory Board in good time.

Ratio Decidendi

The order of detention is unsustainable because the detenu was not provided grounds and accompanying documents in a language he understood, denying him a fair and adequate opportunity to make an effective representation. Furthermore, the detaining authority's failure in strict compliance, including omission of documents, and casual manner in return defeat the requirements of law under Article 22(5) of the Constitution.

Court Disposition

Petition allowed. Detention order quashed.

Orders

  • Order of detention quashed.
  • Detenu to be set at liberty forthwith.