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

1951 Supreme(Cal) 209

P.B.MUKHARJI, GUHA
RAMAN LAL RATHI – Appellant
Versus
COMMISSIONER OF POLICE – Respondent


Advocates Appeared:
N.K.Sen, PRITI BHUSAN BURMAN, S.S.MUKHERJEE

P. B. MUKHARJI, J.

( 1 ) THIS Rule was obtained against the Commissioner of Police, Calcutta, the Superintendent of Presidency Jail and the State of West Bengal.

( 2 ) THE applicant before us has been detained under the Preventive Detention Act, 1950, (Act IV of 1950) as amended by Act IV of 1951. The order of detention was made on the 10th July 1951 and served on the applicant on the next day, the 11th July, 1951. The grounds of detention were made out on the 12th July 1951 and communicated to the applicant on the 16th July 1951.

( 3 ) THE order of detention has been challenged on three grounds. It is said first that the grounds communicated to the applicant are not sufficient, exact and precise and they are too vague. The second ground of attack upon the order of detention is that it is illegal because its purpose is to nullify an order of acquittal and two orders of discharge, passed by Courts of law in favour of the applicant in some criminal cases brought against him. Thirdly, the order of detention has been assailed on the ground that it is mala fide.

( 4 ) ANOTHER point of considerable importance has been urged on behalf of the State. It has been argued that the structur























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