G. K. MITTER, I. D. DUA, J. M. SHELAT, S. M. SIKRI
State Of W. B. – Appellant
Versus
Ashok Dey – Respondent
Judgment
DUA, J.:- These appeals have been presented to this Court pursuant to certificate of fitness granted by the Calcutta High Court under Article 132 (1) of the Constitution from a common judgment of that Court allowing 17 Writ Petitions presented on behalf of the persons detained under the West Bengal (Prevention of Violent Activities) Act, 1970 (President s Act 19 of 1970) (hereinafter called the Act). In the High Court the constitutional validity of the Act was challenged on the grounds - (1) that it was not a law made by Parliament as contemplated by Article 22 (7) of the Constitution with the result that the extension of the detention for a period longer than three months was unconstitutional. Sections 10 to 13 of the Act were described as violative of Article 22 (4) and (7) of the Constitution; (2) that the restrictions both in respect of substantive law and in respect of procedure imposed by the Act on detenus right guaranted by Article 19 (1) (d) were unreasonable and, therefore, the Act was unconstitutional; and (3) that the Act was violative of Article 14 of the Constitution inasmuch as it gave arbitrary, unguided and uncanalised power to the State Executive without
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.