Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | personal liberty Preventive Detention Act procedure established by law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Allowed |
Headnote | Preventive Detention Act (IV of 1950 as amended in 1951), ss. 3(i), 9, 11, 12—Order of detention fixing period of detention in initial order itself before reference to Advisory Board—Legality— Deprivation of personal liberty—Duty to follow procedure strictly.Whatever might be the position under the Preventive Detention Act of 1950 before it was amended in 195], under the Act as amended in 1951, the Government should determine what the period of detention should be only after the Advisory Board to which the case is referred reports that the detention is justified, Fixing of the period of detention in the initial order itself is contrary to the scheme of the Act and cannot be supported. It cannot be treated as a mere surplussed as it would tend to prejudice a fair consideration of the detente's case by the Advisory Board, though he would have to be released forthwith if the Advisory Board reports that there is no sufficient cause for detention. : Before a person is deprived of his personal liberty the procedure established by law must be strictly followed and must not be departed from to the disadvantage of the person affected. |
Judge | Honble Mr. Justice Patanjali Sastri |
Neutral Citation | 1951 INSC 56 |
Petitioner | Makhan Singh Tarsikka |
Respondent | The State Of Punjab |
SCR | [1952] 1 S.C.R. 368 |
Judgement Date | 1952-12-10 |
Case Number | 308 |
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