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november 1956

Supreme Court of India · 1956-11-13

ABDUL JABAR BUTT vs STATE OF JAMMU & KASHMIR(with connected petition)

Citation / case number
SC 1956/121
Court
Supreme Court of India
Petitioner
ABDUL JABAR BUTT
Respondent
STATE OF JAMMU & KASHMIR(with connected petition)
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,DAS, S.K.

Judgment text excerpt

The Supreme Court held that the phrase 'as soon as may be' in Section 8(1) of the Jammu and Kashmir Preventive Detention Act mandates that the government must communicate the grounds of detention within a reasonable time. The Court ruled that the government's failure to make the required declarations within the prescribed time invalidated the detention of the petitioners. The earlier decision in Hissam-Ud-Din Bandy and Others v. The State was overruled, establishing that such declarations must be made before the expiry of the time limit for communication of grounds.

ABDUL JABAR BUTT vs STATE OF JAMMU & KASHMIR(with connected petition) · Niyam