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january 1962

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.

HARIKISAN vs THE STATE OF MAHARASTHTRA & OTHERS · Niyam