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Central Government Act Article 22(5) in The Constitution Of India 1949
(5) When any person is detained in pursuance
Central Government Act
justice against grounds communicated and not withheld under
Article 22(6).
Finally, the petitioners contended that section ... 22(5) speaks
of liberty and making of representation. The combined
result of clauses (4), (5) and (6) of Article
Supreme Court of India
SC2261 (7,8)
ACT:
Constitution of India 1950, Article 22(5)-Conservation
of Foreign Exchange and Prevention of Smuggling Activities ... detenue. Clause (5) of Article 22 of the Constitution reads
as follows:
"Art. 22(5): When any person is detained
Supreme Court of India
India, 1950,
Article 22(5), scope of, explained-Words and phrases
"Grounds" under Article 22(5) meaning of.
HEADNOTE:
Allowing ... against the order of detention. [966H-D]
(5)The "grounds" under Article 22(5) of the
Constitution do not mean
Supreme Court of India
were furnished in the purported compli-
ance of article 22(5) were the grounds furnished to the
detenue ... with clauses (5) and (6) of article 22 which run as
follows:-
22. "(5) When any person is detained
Supreme Court of India
right of being afforded a reasonable
opportunity guaranteed under Article 22(5) of the Constitu-
tion, when it is clear ... petitioner also is denied a
reasonable opportunity under Article 22(5) of the Constitu-
tion of India
Supreme Court of India
independent constitutional right
to make his representation under Article 22(5) of the Con-
stitution of India. Correspondingly there ... independent constitutional right to
make his representation under Article 22(5) of the Constitu-
tion of India.
199
Correspondingly, there
Supreme Court of India
Sridhar Vaidya [1951] SCR 167, at p.186. Article 22(5) imposes a
dual obligation on the authority making ... contention, it was said:
The right of representation under Article 22 is a valuable
constitutional right
Supreme Court of India
have his
representation thereunder considered as if under Article
22(5), but merely a provision enabling the State Government ... causes no affectation to the constitutional
guarantee under Article 22(5) of the Constitution. Corre-
spondingly, section
Supreme Court of India
international legal obli-
gations.
Constitution of India 1950: Article 22(5)--Detention
Order-Detenu to be afforded opportunity to make ... communication of grounds
violatire of Article 22(5) and mandate of the Constitution.
HEADNOTE:
Mr. Kubic Dariusz a Polish national
Supreme Court of India
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