FAZAL HUSSAIN AND ARSHAD AHMAD vs THE STATE OF JAMMU AND KASHMIR

The Supreme Court held that under Section 8 of the Jammu and Kashmir Preventive Detention Act, 1964, the detaining authority must communicate the grounds of detention within 10 days; failure to do so renders the detention illegal. The Court ruled that the first petitioner's detention was illegal due to the delayed communication of the order stating it was against public interest to disclose the grounds. However, the second petitioner's case was dismissed as the State provided sufficient evidence of service of the detention order.