Supreme Court of India · 1951-01-25
THE STATE OF BOMBAY vs ATMA RAM SRIDHAR VAIDYA
- Citation / case number
- SC 1950/19
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF BOMBAY
- Respondent
- ATMA RAM SRIDHAR VAIDYA
- Bench
- KANIA, HIRALAL J. (CJ)
Judgment text excerpt
The Supreme Court held that under Article 22(5) of the Constitution, the grounds for preventive detention must be communicated in a manner that allows the detenue to make an effective representation. The Court found that the initial grounds provided were vague and did not allow the respondent to understand the charges against him, leading to a violation of his fundamental rights. The Court upheld the High Court's decision to release the respondent, emphasizing that subsequent clarifications could not rectify the initial failure to provide adequate grounds as required by law.