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december 1970

Supreme Court of India · 1970-12-18

ABDUL GHANI vs STATE OF JAMMU & KASHMIR

Citation / case number
SC 1970/60300
Court
Supreme Court of India
Petitioner
ABDUL GHANI
Respondent
STATE OF JAMMU & KASHMIR
Author
VISHISHTHA BHARGAVA
Bench
VISHISHTHA BHARGAVA

Judgment text excerpt

The Supreme Court held that the introduction of Article 35(c) did not affect the right of a citizen of Jammu and Kashmir to approach the Supreme Court under Article 32, as it only restricted challenges to the Jammu and Kashmir Preventive Detention Act, 1964 on grounds of Article 22. The Court clarified that the President has discretion under Article 370 to apply the Constitution with modifications, and such modifications cannot be challenged as abridging fundamental rights. The Court upheld the detention order, finding that the District Magistrate had sufficient material to justify the detention under Section 3(2) of the Act, and ruled that there was no requirement to disclose the grounds of detention to the petitioner.

ABDUL GHANI vs STATE OF JAMMU & KASHMIR · Niyam