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1986 Supreme(Bom) 335
BOMBAY HIGH COURT
Dharmadhikari and Nirgudkar, JJ.
Mithalal Maganlal Jain - Petitioner
versus
State of Maharashtra and others - Respondents
Criminal Writ Petition No. 423 of 1986
Decided on 17-12-1986
Counsels for the parties:
M.G. Karmali S.S. Parkar, Advocates - For the Petitioner.
Ranjana Samat Desai, P.P. - For the Respondents.
Headnote:(i) Validity of detention order-Grounds of detention formulated, prepared and signed two days after issue of detention order-Whether detention order is void ab initio and illegal on this ground? (Yes) (Para 1)
(ii) Validity of detention order-Copies of documents and materials on which the grounds of detention were formulated, prepared and signed not furnished to the petitioner along with the grounds of detention-Whether order of detention is void ab initio and illegal on this ground? (Yes) (Para 2)
Dharmadhikari, J. - In this case, the impugned order of detention is dated 19-12-1974 whereas the grounds of detention are dated 21-12-1974. Thus, the grounds of detention were not contemporaneously formulated, prepared and signed by the detaining authority on 19-12-1974, when the order of detention was issued. Hence, in view of the decision of the Supreme Court in Krishna Murari v. Union of India1 and the decision of this Court in Jayantilal v. State2 the impugned order of detention dated 19-12-1974 is ab-initio void and illegal.
2. The impugned order of detention is also ab-initio void and illegal as the copies of the documents and material on the basis of which the grounds of detention were formulated, prepared and signed by the detaining authority on 21-12-1974 were not furnished to the petitioner along with the grounds of detention. This is so, in view of the judgments of the Supreme Court in S. Gurdip Singh v. Union of India3, Kamla Khushalani v. State of Maharashtra4, Union of India v. Haji Mastan Mirza.5
3. Hence the impugned order of detention dated 19-12-1974 is quashed and set aside. Rule made absolute.
Detention order quashed
1. AIR 1975 SC 1877.
2. 1981 Mah. LJ 487.
3. AIR 1981 SC 362.
4. AIR 1981 SC 814.
5. AIR 1984 SC 681.
