FAZAL HUSSAIN AND ARSHAD AHMAD versus THE STATE OF JAMMU AND KASHMIR

FAZAL HUSSAIN AND ARSHAD AHMAD versus THE STATE OF JAMMU AND KASHMIR

Detention becomes illegal if neither grounds of detention nor public interest declaration under the proviso to section 8 are communicated within 10 days from the date of detention; subsequent order does not regularise the detention.

Source-derived case information.

Parties
Petitioner: Fazal Hussain; Petitioner: Arshad Ahmad; Respondent: The State of Jammu and Kashmir
Jurisdiction
India
Judgment Date
29 July 1969
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition by Arshad Ahmad allowed; petition by Fazal Hussain dismissed.
Legal Topics
Preventive Detention, Habeas Corpus, Procedure Under Preventive Detention Act
Constitutional Law Criminal Law Preventive Detention Habeas Corpus Procedure Under Preventive Detention Act

Source-derived case record

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Parties

Fazal Hussain

Petitioner

Arshad Ahmad

Petitioner

The State of Jammu and Kashmir

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether failure to communicate grounds or public interest order within 10 days renders detention illegal
  2. 2 Whether affidavit by jail superintendent is necessary to prove service of detention orders

Ratio Decidendi

Detention becomes illegal if neither grounds of detention nor public interest declaration under the proviso to section 8 are communicated within 10 days from the date of detention; subsequent order does not regularise the detention.

Court Disposition

Petition by Arshad Ahmad allowed; petition by Fazal Hussain dismissed.

Orders

  • Arshad Ahmad's detention held illegal; he should be released.
  • Fazal Hussain's petition dismissed.