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january 1951

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.

THE STATE OF BOMBAY vs ATMA RAM SRIDHAR VAIDYA · Niyam