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1 - 5 of 5 (0.26 seconds)Preventive Detention Act, 1950
The State Of Bombay vs Atma Ram Sridhar Vaidya on 25 January, 1951
As has been explained by
this Court in the case of The State of Bombay v.
Atma Ram Sridhar Vidya, (1) cl. (5) of Art. 22
requires that the grounds of his detention should
be made available to the detenue as soon as may
be, and that the earliest opportunity of making a
representation against the Order should also be
afforded to him. In order that the detenue should
have that opportunity, it is not sufficient that
he has been physically delivered the means of
knowledge with which to make his representation.
In order that the detenue should be in a position
effectively to make his representation against the
Order, he should have knowledge of the grounds of
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detention, which are in the nature of the charge
against him setting out the kinds of prejudicial
acts which the authorities attribute to him.
Communication, in this context, must, therefore,
mean imparting to the detenue sufficient knowledge
of all the grounds on which the Order of Detention
is based. In this case the grounds are several,
and are based on numerous speeches said to have
been made by the appellant himself on different
occasions and different dates. Naturally,
therefore, any oral translation or explanation
given by the police officer serving those on the
detenue would not amount to communication, in this
context, must mean bringing home to the detenue
effective knowledge of the facts and circumstances
on which the Order of Detention is based.
Article 226 in Constitution of India [Constitution]
The Code of Criminal Procedure, 1973
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