ABDUL JABAR BUTT versus STATE OF JAMMU AND KASHMIR

ABDUL JABAR BUTT versus STATE OF JAMMU AND KASHMIR

The declaration enabling withholding communication of grounds for detention under s.8(1) proviso of the Jammu and Kashmir Preventive Detention Act must be made by the Government within the time prescribed by s.8(1) for communicating grounds; otherwise, detention is illegal. Delay of more than two months in making the declaration, without special circumstances, deprived petitioners of liberty not in accordance with procedure established by the Act and Article 22(5) of the Constitution.

Parties
Petitioner: Abdul Jabar Butt; Respondent: State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
13 November 1956
Procedural Posture
Original Jurisdiction (article 32 Petition for Writ of Habeas Corpus) / Final Decision (judgment)
Outcome
Petitions allowed; detention declared illegal.
Legal Topics
Preventive Detention, Rights of Detenue, Interpretation of Jammu and Kashmir Preventive Detention Act, Application of Article 32, Communication of Grounds for Detention, Timing of Declaration Under Proviso
Constitutional Law Criminal Law Preventive Detention Rights of Detenue Interpretation of Jammu and Kashmir Preventive Detention Act Application of Article 32 Communication of Grounds for Detention Timing of Declaration Under Proviso

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Parties

Abdul Jabar Butt

Petitioner

State of Jammu and Kashmir

Respondent

Procedural Posture

Original Jurisdiction (article 32 Petition for Writ of Habeas Corpus) / Final Decision (judgment)

Legal Issues

  1. 1 Whether the declaration enabling withholding grounds for preventive detention must be made by the Government within the time prescribed by s.8(1) of Jammu and Kashmir Preventive Detention Act for communication of grounds
  2. 2 Whether the delay in making declaration under the proviso vitiates the detention
  3. 3 What is the meaning of 'as soon as may be' for communicating grounds under s.8(1)

Ratio Decidendi

The declaration enabling withholding communication of grounds for detention under s.8(1) proviso of the Jammu and Kashmir Preventive Detention Act must be made by the Government within the time prescribed by s.8(1) for communicating grounds; otherwise, detention is illegal. Delay of more than two months in making the declaration, without special circumstances, deprived petitioners of liberty not in accordance with procedure established by the Act and Article 22(5) of the Constitution.

Court Disposition

Petitions allowed; detention declared illegal.

Orders

  • Petitioners Abdul Jabar Butt and co-petitioner to be released forthwith.