Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950 Art. 22 (5) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Constitution of India, 1950, Art. 22 (5)-Preventive detention Duty to communicate grounds of detention as soon as may be Duty to git1e earliest opportunity to make the presentation-Grounds ftm1ished after 15 days-"Supplementary grounds" furnished after 4 months- Legality of detention-Vague grounds and irrelevant grounds distinguished-Supply of grounds first and details later-Legality-Serving printed orders on same date on .several persons-Bona fides o f detention. A large number of persons were detained under the Bengal Criminal Law Amendment Act, 1930. The validity of this Act was being challenged in the High Court. Meanwhile, the Preventive Detention Act of 1950 was passed on 26th February, 1950, and on the same date detention orders under this Act were served on them. The grounds of detention were served 011 them on the 14th of March, and on the 16th of July the Government served on them "Supplementary grounds" in continuation of the grounds already furnished on the 14th of March. A second set of grounds were communicated to the appellants on the 22nd or 23rd of July. They applied to the High Court of Calcutta for writs of habeas corpus contending that the orders of detention were invalid on various ground. The High Court rejected these applications and they appealed to the Supreme Court. |
Judge | Honble Mr. Justice Harilal Jekisundas Kania |
Neutral Citation | 1951 INSC 5 |
Petitioner | Tarapada De And Others |
Respondent | The State Of West Bengal |
SCR | [1951] 1 S.C.R. 212 |
Judgement Date | 1951-01-25 |
Case Number | 24 |
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