Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Gujarat Prevention of Anti Social Activities Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India Gujarat Prevention of Anti-social Activities Act, 1985 (16 of 1985) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Gujarat Prevention of Anti Social Activities Act, 1985, section 15-Preventive Detention providing for successive detentions-Validity of-Whether the section be read down so that it does not offend the mandate of Article 22(4) of the Constitution-Procedural requirements stricts compliance of, reiterated. Section 11 of the Gujarat Prevention of Anti Social Activities Act, 1985 stipulates that in every case where a detention order has been made under the Act, the State Government shall, within three weeks from the date of detention of a person under the order, place before the Advisory Board constituted under s. 10 the grounds on which the order has been made the representation if any made by the detenu and the report if any of the authorised officer. Under s. 15(2), the expiry or revocation of an earlier detention order shall not bar the making of a subsequent detention order under the Act against the same person, subject to the proviso that if there were no fresh facts, the maximum period for which a person may be detained shall not extend beyond the expiry of a period of 12 months from the date of detention under the earlier detention order. While the appellant was in Jail from November 12, 1985 onwards awaiting trial on a charge of murder he was acquitted on May 26, 1986. He was due for release from prison on June 23, 1986. On that day, however, an order for his detention was made under the provisions of the Gujarat Prevention of Anti Social Activities Act, 1985. The period of three weeks stipulated by s. 11 of the Act expired on July 14, 1986. Since there was no Advisory Board in existence, the appellant was entitled to be released on July 14, 1986 itself. But he was not so released. However, during the pendency of the writ petition challenging the said detention order in the High Court, the order of detention dated 23rd June, 1986 was revoked on 7th August, 1986 and a fresh order of detention was made on the same facts on the same day with the result the earlier writ petition was withdrawn and a fresh write petition came be filed. An Advisory Board was, however constituted on August 18, 1986. A reference under s. 11 was made to the Advisory Board on August 20, 1986 and the Advisory Board made its report on September 26, 1986. The report of the Advisory Board was more than three weeks after the detention which commenced on the making of the order of detention though it was within three months from the second order of the detention. The appellant contended, in the writ petition, that there has been a contravention of the constitutional protection afforded to him by Article 22(4). The writ petition having been dismissed, the appellant has come in appeal by Special Leave. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1987 INSC 38 |
Petitioner | Abdul Latif Abdul Wahab Sheikh |
Respondent | B.k. Jha & Anr. |
SCR | [1987] 2 S.C.R. 203 |
Judgement Date | 1987-02-09 |
Case Number | 72 |
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