ARTICLE · 16 JUNE 2017

Status Of Two Or More Grounds In Criminal Prosecutions

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The Supreme Court of India in Prakash Chandra Mehta vs. Commissioner and Secretary, Govt. of Kerala & Ors. AIR 1986 SC 687, examined the term ground concerning Article 22(5) of the Constitution...

IndiaGovernment, Public Sector

Vijay Pal Dalmia

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Vijay Pal Dalmia, Advocate & Partner Vaish Associates Advocates
Email: [email protected] Mobile: 09810081079

The Supreme Court of India in Prakash Chandra Mehta vs. Commissioner and Secretary, Govt. of Kerala & Ors. AIR 1986 SC 687, examined the term ground concerning Article 22(5) of the Constitution and Section 5A of the Act and observed as under:

When the detention order has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly that if one irrelevant or one inadmissible ground had been taken into consideration that would not make the detention order bad.

Article 22(5) of the Constitution has two elements: (i) communication of the grounds on which the order of detention has been made; (ii) opportunity of making a representation against the order of detention. Communication of the grounds pre-supposes the formulation of the grounds and formulation of the grounds

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