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november 2004

Supreme Court of India · 2004-11-05

State Legal Aid Committee, J & K vs State Of J & K And Ors

Citation / case number
AIR 2005 SUPREME COURT 1270
Court
Supreme Court of India
Petitioner
State Legal Aid Committee, J & K
Respondent
State Of J & K And Ors
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court quashed the detention order under the Jammu & Kashmir Public Safety Act, 1978, holding that the requirements of Section 13, which mandates the disclosure of grounds for detention to the affected person, were not met. The Court noted the absence of material evidence to substantiate the State's claim that the grounds were communicated, emphasizing the need for proper documentation and endorsement of refusal. The Court declined to extend the detention order's validity, allowing for the possibility of a fresh order in accordance with the law.

State Legal Aid Committee, J & K vs State Of J & K And Ors · Niyam