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

1971 Supreme(SC) 651

D.G.PALEKAR, P.JAGANMOHAN REDDY
Deban Das – Appellant
Versus
State Of W. B. – Respondent


Judgment

P. JAGANMOHAN REDDY, J.:- These petitions under Article 32 challenge the Order of the District Magistrate detaining them under the West Bengal (Prevention of Violent Activities) Act 1970) (hereinafter called the Act ). The main contentions have been set out in Writ Petn No. 218 of 1971 (reported in AIR 1972 SC 1924 which we have just disposed of. These are, namely; (i) Whether the mandatory provisions of the Act have been complied with; (ii) Whether the grounds 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 detention and whether the communication to the detenu has been made within that period.

2. We have also in that petition held that the confirmation by the State Government of the opinion of the Advisory Board that there is sufficient cause for detention, should be made within three months from the date of detention though the communication to the detenu need not be made within that period, but within a reasonable period.

3. In Writ Petition No. 219 of 1971 the accused was arrested on 27-2-71 on which date the grounds







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