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1 - 10 of 21 (0.66 seconds)Section 7 in Preventive Detention Act, 1950 [Entire Act]
Preventive Detention Act, 1950
Article 22 in Constitution of India [Constitution]
Article 19 in Constitution of India [Constitution]
Section 9 in Preventive Detention Act, 1950 [Entire Act]
Dr. Ram Krishan Bhardwaj vs The State Of Delhi And Others on 16 April, 1953
In Bhardwaj v. The State of Delhi following Atma Rams case (supra) the Supreme Court laid down two propositions (1) that preventive detention is a serious invasion of personal liberty and such meagre safeguards as the Constitution has provided against the improper exercise of the power must be jealously watched and enforced by the Courts and (2) that a petitioner had the right to be furnished with particulars of the grounds of his detention sufficient to enable him to make a representation. It was also held that this constitutional requirement must be satisfied with respect to each of the grounds subject of course to a claim of privilege under Clause (6) of Article 22 and that where it had not been so done in regard to one of the grounds the detention could not be held to be in accordance with the procedure established by law within the meaning of Article 21 and the detenu would in such a case be entitled to be released.