MOHAMMAD AFZAL KHAN versus STATE OF JAMMU & KASHMIR
The Government's timely decision to continue detention under Section 14 satisfies statutory requirements, and communication of that decision to the detenue is not mandated by law; failure to communicate does not render detention illegal.
- Parties
- Petitioner: Mohammad Afzal Khan; Respondent: State of Jammu & Kashmir
- Jurisdiction
- India
- Judgment Date
- 13 November 1956
- Procedural Posture
- Petition Under Article 32 (habeas Corpus) / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Preventive Detention, Fundamental Rights, Procedure Under Preventive Detention Act
Case Brief
Summary, issues, holding and outcome
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Parties
Mohammad Afzal Khan
Petitioner
State of Jammu & Kashmir
Respondent
Procedural Posture
Petition Under Article 32 (habeas Corpus) / Judgment
Legal Issues
- 1 Whether the Government's decision to continue detention under Section 14 of the Jammu and Kashmir Preventive Detention Act must be communicated to the detenue within three months of the detention order
- 2 Whether formal order or declaration is necessary under Section 14 before expiry of three months
Ratio Decidendi
The Government's timely decision to continue detention under Section 14 satisfies statutory requirements, and communication of that decision to the detenue is not mandated by law; failure to communicate does not render detention illegal.
Court Disposition
Application dismissed
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