SURJEET SINGH & ANR. versus UNION OF INDIA & ORS.

SURJEET SINGH & ANR. versus UNION OF INDIA & ORS.

Supply of grounds of detention in English to detenus who do not understand English is not effective communication for purposes of Article 22(5), even if orally explained in Hindi; grounds must be supplied in the language understood by the detenu for detention to be lawful.

Parties
Petitioner: Surjeet Singh; Petitioner: Kulwant Singh; Respondent: Union of India; Respondent: R. N. Poddar; Respondent: Miss A. Subhashini
Jurisdiction
India
Judgment Date
12 March 1981
Procedural Posture
Writ Petition / Final Adjudication
Outcome
petitions allowed
Legal Topics
Communication of Grounds of Detention, Article 22(5) of the Constitution, Effective Opportunity to Make Representation
Constitutional Law Preventive Detention Communication of Grounds of Detention Article 22(5) of the Constitution Effective Opportunity to Make Representation

Case Brief

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Parties

Surjeet Singh

Petitioner

Kulwant Singh

Petitioner

Union of India

Respondent

R. N. Poddar

Respondent

Miss A. Subhashini

Respondent

Procedural Posture

Writ Petition / Final Adjudication

Legal Issues

  1. 1 Whether service of grounds of detention in English to detenus whose mother tongue is Hindi amounts to effective communication under Article 22(5) of the Constitution
  2. 2 Whether oral explanation in Hindi by the serving officer is sufficient

Ratio Decidendi

Supply of grounds of detention in English to detenus who do not understand English is not effective communication for purposes of Article 22(5), even if orally explained in Hindi; grounds must be supplied in the language understood by the detenu for detention to be lawful.

Court Disposition

petitions allowed

Orders

  • Detention of each petitioner is struck down as repugnant to Article 22(5) of the Constitution.
  • Both petitioners are directed to be set at liberty forthwith.