Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Preventive Detention (Amendment) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Preventive Detention (amendment) Act, 1951 (4 of 1951) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Preventive Detention (Amendment) Act, 1951, ss. 9, 10, 11, 12- Indian Constitution, 1950, Arts. 22( 4) (a) & (b), 22(7)-Detentions under earlier Act treated as detentions under new Act and continued for more than one year-Omission to fix maximum period-Infringement of fundamental rights-Contravention of Constitution Validity of amending Act-Temporary Statutes-Order of detentions -Validity after expiry of Statute.The Preventive Detention (Amendment) Act of 1951 which extended the operation of the Preventive Detention Act of 1950 for a period of one more year, that is, up to 1st April, 1952, effected two material alterations by providing (i) that a reference to an Advisory Board shall be made in all cases within six weeks (s. 9) ; (ii) that every detention order in force at the commencement of the new Act shall continue in force and shall have effect as if had been made under the Act as amended (s. I:!). The petitioners, who were on the date of the commencement of the amending Act in detention in pursuance of orders made under s. 3(1) (a) (ii) of the Preventive Detention Act of 1950, and who but for the amending Act would have been entitled to be released under the earlier Act on the expiry of one year from the date of the order of detention, applied for habeas corpus contending that ss. 9 and 12 of the amending Act which enacted the above mentioned provisions contravened the provisions of Art. 22( 4) (a) of the Constitution and were consequently void under Art. 13(a) inasmuch as the combined effect of these sections was to keep the petitioners in detention for a period longer than three months without reference to an Advisory Board, and also to keep them in detention for a period of more than one year. The Act was also attacked on the ground that it did not fix any maximum period for detention : |
Judge | Honble Mr. Justice Mehr Chand Mahajan Honble Mr. Justice Patanjali Sastri Hon'ble Mr. Justice Vivian Bose |
Neutral Citation | 1951 INSC 33 |
Petitioner | S. Krishnan And Other |
Respondent | The State Of Madras |
SCR | [1951] 1 S.C.R. 621 |
Judgement Date | 1951-05-07 |
Case Number | 303 |
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