The State of Bombay v Atma Ram Sridhar Vaidya AIR 1951 SC 157

The question that arose was whether satisfaction of Government under Article 22 (5) of the Constitution of India can be challenged.

The Court held that the satisfaction of the government alone is necessary, which must be based on some grounds. If the grounds on which it is stated that the government is satisfied are such >as a rational human being can consider connected in some manner with the objects sought to be achieved=, the question of satisfaction cannot be challenged in a court of law except on the ground of mala fides

The first part of Article 22 (5) postulates two rights .The first part of Article 22 (5) gives right to the detained person to be furnished with the grounds on which the order has been made and that has to be done as soon as possible. The second right given to such a person is of being afforded "the earliest opportunity of making a representation against the order". If these two requirements are complied with, the detention is valid.

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