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1971 Supreme(SC) 653
SUPREME COURT OF INDIA
P. JAGANMOHAN REDDY AND D.G. PALEKAR, JJ.
Micki Khan etc., etc., Petitioners
Versus
The State of W.B., Respondent.
Writ Petn. Nos. 316, 317, 320, 323 and 356 of 1971, D/- 7-12-1971.
Detention under the West Bengal (Prevention of Violent Activities) Act, 1970 is not valid if the confirmation of detention is not made within three months, as mandated by Article 22(4) of the Constitution.
Headnote:
Habeas Corpus - West Bengal (Prevention of Violent Activities) Act, 1970 - The court held that the detention made under the Act was not valid as the confirmation of detention was not made within three months, as required by Article 22(4) of the Constitution.
Fact of the Case:
The habeas corpus petitions challenged the detention made under the West Bengal (Prevention of Violent Activities) Act, 1970, as the confirmation of detention was not made within three months.
Finding of the Court:
The court found that the detention was not valid as the confirmation of detention was not made within the required three months, as per Article 22(4) of the Constitution. The petitions were allowed, and the petitioners were directed to be released forthwith.
Issues: The issue was whether the detention made under the West Bengal (Prevention of Violent Activities) Act, 1970 was valid, considering the requirement of confirmation of detention within three months.
Ratio Decidendi: The court interpreted Article 22(4) of the Constitution, which mandates that the confirmation of detention must be made within three months. As the confirmation in these cases was not made within the stipulated time, the detention was deemed invalid.
Final Decision: The petitions were allowed, and the petitioners were directed to be released forthwith.
Judgment
P. JAGANMOHAN REDDY, J.:- These are habeas corpus petitions under Article 32 of the Constitution challenging the detention made under the West Bengal (Prevention of Violent Activities) Act, 1970 (hereinafter called the Act).
2. The arrest of the detenus in each of these five cases was made on 13-4-71, 2-1-71, 30-1-71, 27-2-71 and 17-4-71 respectively while the order of confirmation of the opinion of the Board that there was sufficient cause for detention was made on 16-8-71, 6-5-71, 27-7-71, 30-7-71 and 9-8-71 respectively. It will be seen that they are beyond 3 months. We have held in Judgment pronounced today in Writ Petition No. 218 of 1971 that under the mandatory provisions of the Article 22 (4) of the Constitution not only should the report of the Advisory Board be received within 3 months from the date of detention but the confirmation and continuance must also be within three months. Inasmuch as the confirmation in all these cases has not been made within 3 months, the detention is not valid. Accordingly the Petitions are allowed and the petitioners are directed to be released forthwith.
Petitions allowed.
For Citation : AIR 1972 SC 2262
