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Ground of Detention (Article 22(5))

Constitutional & Public Law Doctrines

Definition

The fundamental right of a preventive detainee to be communicated the factual grounds of their detention as soon as possible and afforded the earliest opportunity to make an effective representation against the order.

Example

A detention order is quashed because the grounds served on the detainee were written in English, a language the illiterate detainee could not read or comprehend, and no verified translation was supplied.