VidhiSangh

Supreme Court of India · 04/01/2024

SARFARAZ ALAM versus UNION OF INDIA & ORS.

[2024] 1 S.C.R. 267 · 2024 INSC 18

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld the preventive detention order after finding that the detenue deliberately refused the translated grounds and documents despite reading them and knowing his right to represent against detention. Refusal to accept documents does not generally remove the authority’s separate duty to inform the detenue of that right; on this record both constitutional requirements were fulfilled.

Issues

  1. What duties Article 22(5) imposes regarding communication of detention grounds and the right to make a representation.
  2. Whether the detenue’s refusal to accept the documents and his claim of inadequate communication invalidated the detention order.

Provisions considered

Held

Result

Appeal dismissed; the Calcutta High Court’s refusal to set aside the detention order was upheld. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 267.