Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | detention Preventive detention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Preventive Detention Act, 1950 (4 of 1950) |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Preventive detention-Detention order by the Commissioner of Police-Duty to report forthwith to the State Government-" Forthwith", Meaning of-Time taken for sending report-Validity of detention-Preventive Detention Act, 1950 (IV of 1950), ss. 3(3), 7. hat when an order of detention is made by an officer mentioned in s. 3(2) he shall forthwith report the fact to the State Government together with the grounds on which the order has been made ..... . and no such order ...... shall remain in force for more than twelve days after the making thereof unless in the meantime it has been approved by the State Government.On 13th January 1956 the Commissioner of Police, Bombay, passed orders under s. 3(2) of the Preventive Detention Act, 1950, directing the detention of the petitioners and in pursuance thereof they were arrested on 16th January 1956 The grounds on which the orders were made were furnished to the petitioners on 20th January 1956 and the next day the Commissioner reported the fa.ct of the order and the grounds therefor to the State Government, which approved of the same on 23rd January 1956. The petitioners contested the validity of the detention on the ground that when the Commissioner passed the orders for detention on 13th January 1956 it was his duty under s. 3(3) to report that fact forthwith to the State Government, and as he did not do so until 21st January 1956, he had acted in contravention of the statute and that the detention was therefore illegal. It was found that the delay in sending the report could not have been a.voided by the Commissioner and that it was due to causes to which the petitioners had very largely contributed. Held, that the word "forthwith" in s. 3(3) of the Preventive Detention Act, 1950, has not a fixed and an absolute meaning and it must be construed with reference to the object of the section and the circumstances of the case. It cannot mean the same thing as "as soon as may be" in s. 7 of the Act and the former is more peremptory than the latter. The difference between the two expressions lies in this that while under s. 7 the time that is allowed to the authority to send the communication to the detenu is what is reasonably convenient, under s. 3(3) what is allowed is only the period during which he could not, without any fault of his own, send the report. An act which is to be done forthwith must be held to have been so done w en it is one with all reasonable despatch and without avoidable delay.The Queen v. The Justices of Beikshire ([1878-79] 4 Q.B.D. 469), Hudson and others v. Hill and others ([1874] 43 L. J. C.P. 273),and R•g. v. Pri |
Judge | Hon'ble Mr. Justice T.L Venkatarama Aiyyar |
Neutral Citation | 1956 INSC 43 |
Petitioner | Keshav Nilkanth Joglekar |
Respondent | The Commissioner Of Police, Greater Bombay |
SCR | [1956] 1 S.C.R. 653 |
Judgement Date | 1956-09-17 |
Case Number | 102 |
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