Supreme Court of India · 1970-03-03
CHAJU RAM vs STATE OF JAMMU & KASHMIR
- Citation / case number
- SC 1970/60060
- Court
- Supreme Court of India
- Petitioner
- CHAJU RAM
- Respondent
- STATE OF JAMMU & KASHMIR
- Bench
- HIDAYATULLAH, M. (CJ)
Judgment text excerpt
The Supreme Court ruled that under Section 3(2) read with Section 5 of the Jammu & Kashmir Preventive Detention Act, 1964, a detenu's right to make a representation is violated if the grounds of detention are not explained in a language understood by him or if they are vague. The Court held that the petitioner, being illiterate, could not comprehend the English document provided, and the State's claims regarding the explanation of grounds were not credible. Consequently, the detention was declared illegal due to non-compliance with statutory requirements.