Kubic Darusz v. Union of India and Others

Abstract

Jurisdiction — Foreign national — Preventive detention — Elements involved — Communication of grounds of detention — Language of communication — Polish national claiming to know Polish language only — Whether having working knowledge of English — Interpretation — Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 — Constitution of India, Article 22(5)

Human rights — Fundamental rights — Constitutional protection — Protection against arrest and detention — Universal Declaration of Human Rights, 1948 — International Covenants on Economic, Social and Cultural Rights and Civil and Political Rights, 1966 — Influence of — Communication of grounds of detention — Whether working knowledge of English sufficient — Representation — Request for supply of translated documents — Whether inordinate and unexplained delay violative of constitutional rights — Constitution of India, Article 22(5) — The law of India