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august 1979

Supreme Court of India · 1979-08-10

MOHAMMAD YOUSUF RATHER vs THE STATE OF JAMMU & KASHMIR AND ORS.

Citation / case number
SC 1979/62769
Court
Supreme Court of India
Petitioner
MOHAMMAD YOUSUF RATHER
Respondent
THE STATE OF JAMMU & KASHMIR AND ORS.
Author
P.N. SHINGAL
Bench
P.N. SHINGAL

Judgment text excerpt

The Supreme Court held that vague grounds of detention violate the fundamental right under Article 22(5) of the Constitution, as they hinder the detenu's ability to make an effective representation. The Court found that irrelevant grounds were considered in the order of detention, which also vitiated the order. The judgment reaffirmed that preventive detention laws must comply with Articles 19 and 22, ensuring the detenu is informed of the grounds and given a fair opportunity to contest the detention.

MOHAMMAD YOUSUF RATHER vs THE STATE OF JAMMU & KASHMIR AND ORS. · Niyam