Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 12 and 17 - First preventive order dated 5. 09.16 issued against appellant by respondent-State 1981 - s.23(2) and ss.2(d) Bihar Control of Crimes Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bihar Control of Crimes Act, 1981 - s.23(2) and ss.2(d), 12 and 17 - First preventive order dated 5. 09.16 issued against appellant by respondent-State - The same was revoked vide revocation order dated 17.9.2016 - Second detention order dated 21.9.16 issued on the same grounds as the previous detention order dated 5.9.16 except certain other grounds all of which had arisen prior to 17. 9.16 - Writ petition by appellant challenging the second detention order contending that since the first detention order was revoked, the second detention order in view of s.23(2) ought to have been passed on the fresh grounds only and not on same grounds and since that was not done the second detention order was illegal - Writ petition dismissed - On appeal, held: Admittedly, the second order of detention dated 21.9.2016 is passed only on grounds which arose prior to the order of revocation order dated 17.9.2016- Thus, it would fall foul of s.23(2) - The expression "'where fresh facts have arisen" in s.23(2) is followed by "'the date of revocation or expiry ."- Therefore, literal language of s.23(2) leads only tv the conclusion that it is the date of revocation order and not the date of original order of detention that is referred to - The Act being a statute providing for preventive detention, has to be construed keeping the subjects liberty in mind, i.e. it has to be construed keeping Arts. 21 and 22 of the Constitution in mind - Detention order dated 21.9.2016 is set aside - Preventive detention - Constitution of India - Arts. 21 and 22 - Rule of interpretation - Literal rule of interpretation. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 342 |
Petitioner | Anant Singh @ Anant Kumar Singh |
Respondent | The State Of Bihar And Ors. |
SCR | [2017] 5 S.C.R. 147 |
Judgement Date | 2017-04-12 |
Case Number | 533 |
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