grounds of detention Archives

Service of grounds of detention in language understood by detenu is a crucial Constitutional Right: J&K High Court

“Communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.”

Case Briefs High Courts

Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates

“In other words, a detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority, are furnished to him”.

preventive detention grounds of detention ambiguous

Cases Reported Never Reported Judgments

Never Reported Judgment| When in a 4:1 verdict, SC refused to release man detained under Preventive Detention Act; Justice M.C. Mahajan dissented [(1952) 1 SCC 769]

This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1952 on the Preventive Detention Act, 1950.

Case Briefs High Courts

Delhi High Court | Mere signing documents in English does not mean the detenue has a working knowledge of English; detention order set aside

Signing in English and understanding English are two different things and it cannot be said that if one signs in English, therefore he has full understanding of the language. In other order, the ability to write one’s signature in English does not translate to having a working understanding of the language.

Case Briefs Supreme Court

Rhetorical incantation of the words “goonda” or “prejudicial to maintenance of public order” not sufficient to invoke Preventive Detention

Supreme Court: In the case where the detenu was detained under the Telangana Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders,