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

1985 Supreme(Mad) 88

RAMASWAMI, K.M.NATARAJAN
Thulasiammal and Others – Appellant
Versus
Joint Secretary To The Government of India – Respondent


Advocates Appeared:M.R.M. Adbul Kareem, P. Rajamanickam, Advocates.

Judgment :-

V. RAMASWAMI, J.

In this batch of cases, the validity of the orders of detention made under Section 3(i) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is questioned. The first contention of the learned Councel for the petitioners was that the constitution of the Advisory Board under Section 8(a) of the Act is violative of Article 22(4) of the Constitution and that therefore the continued detention of the detenue for a period more than two months from the date of detention is illegal. Section 8 of the Act dealing with Advisory Board states that:-

"For the purposes of sub-clause (a) of clause (4), and sub-clause (c) of clause (7), of article 22 of the Constitution, -

(a) the Central Government and each State Government shall, whenever necessary, constitute one or more Advisory Boards each of which shall consist of a Chairman and two other persons possessing the qualifications specified in Sub-clause (a) of clause (4) of article 22 of the Constitution.'

2.Article 22(4) of the Constitution reads as follows:-" *

No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unle






















































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