Khudiram Das vs The State Of West Bengal & Ors on 26 November, 1974
In a case of
Khudiram Das Vs. The State of West of Bengal and
others (supra) the Apex Court has held that 'grounds'
mean all the basic facts and materials which have been
taking into account by the Detaining Authority in
making out grounds of detention. Thus, merely
mentioning of crime numbers, penal sections, names of
police stations, and the date of arrest and registration of
crime is not sufficient compliance with the
constitutional safeguard of communicating the grounds
of detention. In the instant case, there is violation of
safeguard as provided under Article 22 (5) of the
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22 CRI WP 193.2017.odt
Constitution of India. It is apparent that basic facts and
material in relation to the said crimes which have
influenced subjective satisfaction of the Detaining
Authority have not been incorporated in the grounds
served upon the petitioner. Thus, the impugned order
questioning of detention is also vitiated on this ground.