Supreme Court of India · 1962-01-31
HARIKISAN vs THE STATE OF MAHARASTHTRA & OTHERS
- Citation / case number
- SC 1961/116
- Court
- Supreme Court of India
- Petitioner
- HARIKISAN
- Respondent
- THE STATE OF MAHARASTHTRA & OTHERS
- Bench
- SINHA, BHUVNESHWAR P.(CJ),SUBBARAO, K.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.,AIYYAR, T.L. VENKATARAMA
Judgment text excerpt
The Supreme Court held that the detention of the appellant was illegal as the provisions of Article 22(5) of the Constitution were not complied with. The Court emphasized that the grounds of detention must be communicated in a language the detenue understands, and mere oral translation at the time of service was insufficient. The Court ruled that effective knowledge of the grounds is essential for the detenue to make a representation against the order, leading to the appellant's release from detention.