SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1971 Supreme(SC) 646

P.JAGANMOHAN REDDY, D.G.PALEKAR
Deb Sadhan Roy – Appellant
Versus
State Of W. B. – Respondent


Advocates:
D.N.MUKHERJI, G.S.CHATTERJEE, S.K.MEHTA, Sukumar Basu

Judgment

P. JAGANMOHAN REDDY, J. :- This petition under Article 32 challenges the detention under the West Bengal (Prevention of Violent Activities) Act, 1970 (hereinafter called the Act ). It may be mentioned that this and other Writ Petitions were adjourned till the decision of this Court on the validity an vires of the Act which has now been decided in the State of West Bengal v. Ashok Dey, Cri Appeals Nos. 217 to 233 of 1971, D/- 19-11-1971

2. In that case it has been held that the provisions of the Act do not contravene any of the mandates of the Constitution; as such this Petition and the others which had stood over till that decision have come up for consideration as to whether the detentions are legal.

3. In this and other petitions three main contentions have been urged on behalf of the respective petitioners by Shri S. K. Mehta who is assisting us as Amicus Curiae. They are (I) Whether the mandatory provisions of the Act have been complied with; (ii) whether the ground are irrelevant or vague and (iii) whether the State Government has confirmed the opinion of the Advisory Board that there was sufficient cause for detaining them within three months, from the date of the dete



















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top