The Central Government or the State Government may,
if satisfied with respect to any person that with a view to preventing him from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, of the security of India,make an order directing that such person be detained.
SAMARESH CHANDRA BOSE AND OTHERS Vs. THE DISTRICT MAGISTRATE, BURDWAN AND OTHERS
(1967) AIR(Bombay) 96 : (1966) 68 BomLR 321 : (1967) CriLJ 427 : (1966) ILR(Bombay) 839 BOMBAY HIGH COURT DIVISION BENCH ( Before : Palekar, J; Naik, J ) GAJANAN VISHWANATH KETKAR […]
08-04-2010-The grounds of detention ex facie are vague, ambiguous and sketchy and not clear and unambiguous enable a man of common prudence to explain his stand much less make an effective representation. The detenue is not informed with clarity about his alleged “thought process”, “well knit group” at the back of the detenue and the activities that “create law and order problem”. The detenue is not informed who are the people who constitute the “well knit group” at back of the detenue, what changes were expected to be made by the detenue in his “thought process”. What are law and order and “socio-economic” problem that the detenue is likely to create and how are such problems intended to be created. The detenue is not informed about “socio economic problem” that the activities attributed to the detenue result in. The grounds of detention thus are vague, sketchy and lacking in essential details.
Whether the detention order suffers from non-application of mind by the detaining authority is not a matter to be examined according to any straitjacket formula or set principles. It depends on the facts and circumstances of the case, the nature of the activities alleged against the detenu, the materials collected in support of such allegations, the propensity and potentiality of the detenu in indulging in such activities etc.
An exception is an exception, and cannot ordinarily nullify the full force of the main rule, which is the right to liberty in Article 21 of the Constitution. FUNDAMENTAL RIGHTS are meant […]
KEYWORDS:- Vagueness means-SECURITY OF PRIME MINISTER-Nehru-Maintenance of public order- DATE:-20-05-1959 Denouncing the agreement between the two Prime Ministers and stressing the need of forming a militia with the youths of the country, cannot […]
Keywords: Preventive Detention-subjective satisfaction AIR 1951 SC 174 : (1951) SCR 212 : (1951) CriLJ SC 400 (SUPREME COURT OF INDIA) Tarapada De and others Appellant Versus The State of WEST BENGAL […]
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Keywords-Due process of Law-Procedure established by Law⇔ Under our Constitution, our life and personal liberty are balanced by restrictions on the rights of the citizens as laid down in Art. 19 and […]
KEYWORDS:-PREVENTIVE DETENTION DATE :- 19-05-1950 A preventive detention law which provides some procedure and complies with the requirements of Art. 22 (4) to (7) must be held to be a good law. As […]