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PETITIONER: ABDUL JABAR BUTT
Vs.
RESPONDENT: STATE OF JAMMU & KASHMIR(with connected petition)
DATE OF JUDGMENT: 13/11/1956
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. AIYYAR, T.L. VENKATARAMA SINHA, BHUVNESHWAR P. DAS, S.K.
CITATION: 1957 AIR 281 1957 SCR 51
ACT: Preventive Detention-Legality-Time Prescribed for communi- cating grounds of detention to the detenue-’As soon as may be’, Meaning of-Declaration enabling Withholding of such communication, if must be made by Government before expiry of such time-- Jammu and Kashmir Preventive Detention Act (IV of Sambat 2011),S. s (1), Proviso.
HEADNOTE: The two petitioners were detained under S.- 3 (1) Of the Jammu and Kashmir Preventive Detention Act on April 26, 1956, with a view to preventing them from acting in a manner prejudicial to the security of the State. No grounds were communicated to them under s. 8 (1) of the Act and no declarations were made under the proviso of that section. The petitioners applied to the High Court under s. 491 of the Code of Criminal Procedure and during the pendency of those applications, on June 30, 1956, declarations under the proviso were made by the Government to the effect that it would be against the public interest to communicate to the petitioners the grounds on which the orders of detention had been made agains...