STATE LEGAL AID COMMITTEE, J & K versus STATE OF J & K AND ORS.

STATE LEGAL AID COMMITTEE, J & K versus STATE OF J & K AND ORS.

Absence of affidavit from the person seeking to serve documents and no endorsement of refusal, nor official’s name, violates Section 13; detention order is quashed.

Parties
Petitioner: State Legal Aid Committee, J & K; Respondent: State of J & K and Ors.
Jurisdiction
India
Judgment Date
05 November 2004
Procedural Posture
Writ Petition (crl.) / Original Jurisdiction
Outcome
Order of detention quashed; writ petition disposed of.
Legal Topics
Grounds of Detention Communication, Compliance With Statutory Requirements
Preventive Detention Grounds of Detention Communication Compliance With Statutory Requirements

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Parties

State Legal Aid Committee, J & K

Petitioner

State of J & K and Ors.

Respondent

Procedural Posture

Writ Petition (crl.) / Original Jurisdiction

Legal Issues

  1. 1 Whether the grounds of detention were duly disclosed and communicated to the detenu as required under Section 13 of the Jammu & Kashmir Public Safety Act, 1978

Ratio Decidendi

Absence of affidavit from the person seeking to serve documents and no endorsement of refusal, nor official’s name, violates Section 13; detention order is quashed.

Court Disposition

Order of detention quashed; writ petition disposed of.

Orders

  • Order of detention quashed.
  • Writ petition disposed of.