Non-disclosure of all grounds of detention violates Art.22(5) of the Constitution and renders the detention order invalid.

Headnote:
Habeas Corpus - Detention under Maintenance of Internal Security Act, 1971 - S.3 - Art.22(5) - Art.22(6) - S.8(2) - [CONSTITUTIONAL VALIDITY, GROUNDS OF DETENTION, NON-DISCLOSURE] - The court discussed the constitutional validity of Ordinance 11 of 1974, the communication of grounds of detention, and the non-disclosure of certain grounds. It emphasized the importance of disclosing all grounds to the detinue and held that withholding of grounds is a clear violation of the mandatory provision of Art.22(5) of the Constitution. The court set aside the detention order for non-disclosure of all grounds, emphasizing the need for strict adherence to the provisions of the Constitution and laws governing preventive detention.
Fact of the Case:

The petitioner filed a petition under Art.226 of the Constitution seeking the release of his father who was detained under the Maintenance of Internal Security Act, 1971. The grounds of detention were not fully communicated to the detinue, and the petitioner raised constitutional validity and non-compliance with S.8(1) of the Act.
Finding of the Court:

The court found that the order of detention was invalid due to the non-disclosure of all grounds to the detinue, which violated Art.22(5) of the Constitution. It set aside the detention order and directed the release of the detinue.
Issues: Constitutional validity of Ordinance 11 of 1974, non-disclosure of grounds of detention, compliance with S.8(1) of the Act.
Ratio Decidendi: The court emphasized the importance of disclosing all grounds of detention to the detinue as required by Art.22(5) of the Constitution. It held that withholding of grounds is a clear violation of the mandatory provision of Art.22(5) and set aside the detention order for non-disclosure of all grounds.
Final Decision: The court set aside the detention order and directed the release of the detinue, emphasizing the need for strict adherence to the provisions of the Constitution and laws governing preventive detention.

Judgment :-

1. This is a petition under Art.226 of the Constitution by one Sri. A. Balakrishnan praying for the issue of a writ of Habeas Corpus for the release of his father Sri A. Karthikeyan who has been detained by the order of the 1st respondent, the District Magistrate and District Collector, Kozhikode, purporting to act under sub-clause (i) of clause (c) of sub-section (1) of S.3 of the Maintenance of Internal Security Act, 1971, for short, the Act, as amended by Ordinance No. 11 of 1974, the Maintenance of Internal Security (Amendment) Ordinance, 1974. The order, dated 30-9-1974 has been produced and marked as Ext. P1. The grounds of detention furnished to the detinue as required by Art.22 (5) of the Constitution read with S.8 (1) of the Act are contained in Ext. P2 communication dated 3-10-1974 addressed by the 1st respondent to the detinue. It will be necessary to read the order Ext. P1 as well as the communication Ext. P2 and we shall extract the full text of the order Ext. P1 as well as the memorandum containing the grounds of detention:

"PROCEEDINGS OF THE DISTRICT MAGISTRATE, KOZHIKODE No. S2.29700 of 74 dt. 30-9-1974

Order under sub clause (i), of clause (c) of Sub-section (I) of S.3 of the Maintenance of Internal Security Act, 1971 as amended by Ordinance No. 11 of 1974.

Whereas from the materials placed before me I am satisfied that with a view to preventing Sri A. Karthikeyan S/o Ambali Krishnan Vydiar, House No.1 of 10-A, West Hill, Kozhikode-5 from smuggling goods, it is necessary to detain him.

Now therefore in exercise of the powers under clause (a) of Sub-section (2) of S.3 of the Maintenance of Internal Security Act, 1971 I hereby direct that the said Karthikeyan be detained in the Central Jail, Cannanore.

District Magistrate."

"Ref. S2.29700/ 74 Collectorate, Kozhikode Dt. 3-10-74 MEMORANDUM

In pursuance of S.8 (1) of the Maintenance of Internal Security Act, 1971 (Central Act 26 of 1971) Sri. A. Karthikeyan is informed that the grounds of his detention (not taking in those which are considered to be against the public interest to disclose) are the following:

On 4-8-1969 Customs Officers seized from the house of Sri. Karthikeyan, 90 bottles of foreign liquor, four transistor radios, one tape recorder and 2 Binoculars, all of foreign make. The Additional Collector of Customs, Cochin by his order C. No. VIII/10/2/69 'Cus. Adj. dt. 2-1-71 confiscated the articles seized and imposed a penalty of Rs. 20,000/- on Sri. Karthikeyan. He was convicted by the District Magistrate, Calicut and sentenced to pay a fine of Rs. 7000/-in default to three months simple imprisonment in his judgment in C. C. 287/71 dt. 10 -9-71.

I have reliable information that Sri. Karthikeyan had amassed his wealth through smuggling activities and that he continues to indulge in smuggling.

I am therefore satisfied that with a view to preventing Sri. Karthikeyan from smuggling goods it is necessary to detain him. Therefore in exercise of the powers under clause (a) of sub-S. (2) of S.3 of the Maintenance of Internal Security Act. 1971 the detention of Sri. Karthikeyan has been ordered by me on the 30th day of September 74.

Sri. Karthikeyan is informed that he has a right to make a representation in writing against the order under which he is kept under detention. If he wishes to make any representation he should address it to the Chief Secretary to the Government of Kerala and forward the same through the Superintendent, Central Prison, Trivandrum within 15 days from the date of receipt of this memorandum. He is also informed that if he does not submit his representation against the order of detention within the aforesaid period to the Chief Secretary, it will be deemed that he has no representation to make.

District Magistrate & District Collector, Kozhikode."

2. Counsel on behalf of the petitioner raised before us four points. The first related to the constitutional validity of Ordinance 11 of 1974. He emphasised that the order Ext. P1 must go for

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