1974 (11) TMI 90 - SUPREME COURT

Validity of the detention of the petitioner under an order of detention dated 3rd November, 1973 passed by the District Magistrate, Malda under sub-section (1) read with subsection (2) of section 3 of the Maintenance of Internal Security Act, 1971 challenged

Held that:- Appeal dismissed. The material from the history-sbeet, which was not disclosed to the petitioner, did not form part of the grounds of detention on which the order of detention was made by the District Magistrate and approved by the State Government, but merely constituted "other particulars" communicated by the District Magistrate to the State Government under section 3, sub-section (3). There was, therefore, no obligation on the District Magistrate or the State Government to disclose this material to the petitioner and the nondisclosure of which to the petitioner did not have the effect of invalidating the approval of the State Government to the order of detention.