ASHOK KUMAR BINNY AND HANSRAJ versus STATE OF JAMMU & KASHMIR & OTHERS

Since the Advisory Board did not submit its report within eight weeks of detention as prescribed by Section 16(1) of the Jammu & Kashmir Public Safety Act, 1978, the further detention of the petitioners is invalid.

Parties: Petitioner: Ashok Kumar Binny; Petitioner: Hans Raj; Respondent: State of Jammu & Kashmir; Respondent: Others
Jurisdiction: India
Judgment Date: 10 December 1981
Procedural Posture: Writ Petition (criminal) Under Article 32 of the Constitution of India / Original Jurisdiction; Final Order
Outcome: Petitions allowed; detention orders set aside.
Legal Topics: Preventive Detention, Personal Liberty, Procedure Established by Law

Constitutional Law Criminal Law Preventive Detention Personal Liberty Procedure Established by Law

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Parties

Ashok Kumar Binny

Petitioner

Hans Raj

Petitioner

State of Jammu & Kashmir

Respondent

Others

Respondent

Procedural Posture

Writ Petition (criminal) Under Article 32 of the Constitution of India / Original Jurisdiction; Final Order

Legal Issues

1 Whether the further detention of the petitioners is invalid due to the Advisory Board's failure to submit its report within eight weeks as required under Section 16(1) of the Jammu & Kashmir Public Safety Act, 1978

Ratio Decidendi

Court Disposition

Petitions allowed; detention orders set aside.

Orders

State of Jammu & Kashmir and other respondents directed to release Ashok Kumar Binny and Hans Raj forthwith.
Chief Secretary, State of Jammu and Kashmir, to immediately intimate the Court that their release has been effected.