Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India Arts. 21 22 (5)-Preventive detention |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Preventive Detention Act, 1950 (4 of 1950) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, Arts. 21, 22 (5)-Preventive detention -Duty to communicate grounds and to afford opportunity to make representation-Whether distinct rights-Ground supplied vague -Non-supply of particulars or supply of particulars at later stage -Whether vitiates detention-Jurisdiction of court to consider sufficiency of grounds-Preventive Detention Act (IV of 1950), s. 3.The respondent was arrested on the 21st of April, 195(), under the Preventive Detention Act, 1950, and on the 29th of April, 1950, he was supplied with the ground for his detention which. was as follows ; "That you are engaged and are likely to the engaged in promoting: acts of sabotage on railway and railway property in Greater Bombay." The respondent filed a habeas corpus petition contending that the ground supplied was vague as it did not mention the time, place or nature of the sabotage or how the respondent promoted it and that as the ground gave no particulars, his detention was illegal. Pending the disposal of the petition, the Commissioner of Police sent a communication to the respondent giving these further particulars, viz., that the activities mentioned in the grounds supplied to him were being tarried on by him in Greater Bombay between January, 19S0 and the date of his detention and that he will in all probability continue to do so. The High Court of Bombay held that if these particulars had been furnished at the time when the grounds were furnished on the 29th of· April, 1950, very likely they would have come to the conclusion that the grounds were such as would have led the detenue to know exactly what he was chargedwith and to make a proper representation, but released the respondent holding the the only grounds which were furnished in the purported compliance of Art. 22 (5) were the grounds furnished on the 29th of April, 1950, and as these grounds were not such as to enable the detenue to make a proper representation, there was a violation of a fundamental right and a contravention of the statutory provisions and this violation cannot be set right by the detaining authority by amplifying or improving the grounds already given : |
Judge | Honble Mr. Justice Harilal Jekisundas Kania |
Neutral Citation | 1951 INSC 4 |
Petitioner | The State Of Bombay |
Respondent | Atma Ram Sridhar Vaidya |
SCR | [1951] 1 S.C.R. 167 |
Judgement Date | 1951-01-25 |
Case Number | 22 |
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