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january 1990

Supreme Court of India · 1990-01-18

KUBIC DARIUSZ vs UNION OF INDIA & ORS.

Citation / case number
SC 1989/72588
Court
Supreme Court of India
Petitioner
KUBIC DARIUSZ
Respondent
UNION OF INDIA & ORS.
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court held that the continued detention of Mr. Kubic Dariusz, a Polish national, was illegal due to the non-consideration of his representation by the appropriate government, violating Article 22(5) of the Constitution of India. The Court emphasized that grounds of detention must be communicated in a language understood by the detenu, and failure to do so renders the detention invalid. The Court allowed the writ petition and set the detenu at liberty, establishing that effective communication of grounds is essential for the right to make a representation.

KUBIC DARIUSZ vs UNION OF INDIA & ORS. · Niyam