TMI Blog1952 (1) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... on 3 of the Preventive Detention Act, 1950, and the grounds of his detention were served on him as required by section 7 of the Act on 10th July, 1950. The Act having been amended by the Preventive Detention (Amendment) Act, 1951, with effect from 22nd February, 1951, a fresh order No. 7853- ADSB, dated 17th May, 1951, was issued in the following terms :- Whereas the Governor of Punjab is satisfied with re- spect to the person known as Naranjan Singh Nathawan, s/o Lehna Singh of village Chak Sikandar, P.S. Ramdas, Amritsar District, that with a view to prevent- ing him from acting in a manner prejudicial to the security of the State, it is necessary to make the following order: Now, therefore. in exercise of the powers conferred by s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 of the amended Act; this last order along with the grounds on which it was based was served on the petitioner on 19th November, 1951. Thereupon the petitioner submitted a supplemental petition to this Court on 28th November, 1951, challenging the validity of the last order on the ground that it was only a device to defeat the habeas corpus petition of the petitioner in which a rule had already been issued , and he put forward an additional ground of attack on the legality of the earlier order dated 17th may, 1951, namely, that it fixed the term of detention till 31st March, 1952, before obtaining the opinion of the Advisory Board as required by section 11 of the amended Act. This ground was evidently based on the view expressed by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds afresh and emphasised that there must exist rational grounds with the detaining authority to justify the detention of a person and they were asked to report clearly in each case if the District Magistrate concerned wanted the detenus to be detained. The Punjab Government also reviewed some cases. Accordingly all cases including the case of the petitioner were reviewed and in this case the District Magistrate was again satisfied that it was necessary that the detenu be detained with a view to prevent him from acting in a manner prejudicial to the security of the State and the maintenance of public order. And it concluded by stating that the petitioner is detained now under the orders of the District Magistrate, Amritsar. The origina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thereof to the petitioner. To (1) [1945] F.C.R. 31. avoid arguments based on possible defects of a technical and formal character, the said order was revoked under section 13, and on a review of the case by the District Magistrate, a fresh order of detention was issued under section 3 on 18th November, 1951, and this was followed by a formal communication of the same grounds as before as there could be no fresh grounds, the petitioner having throughout been under detention. It is contended by the Advocate-General of the Punjab that the decision reported in [1945] F.C.R. 81 is clear authority in support of the validity of the aforesaid order. On essentially similar facts the court laid down two propositions both of which have application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be on the basis of technical or formal defects, a long line of deci- sions having held that the scope of judicial review in matters of preventive detention is practically limited to an enquiry as to whether there has been strict compliance with the requirements of the law. This is undoubtedly true and this Court had occasion in the recent case of Makhan Singh Tarsikka v. The State of Punjab (Petition No. 308 of 1951)(1) to observe it cannot too often be emphasised that before a person is deprived of his personal liberty the procedure established by law must be strictly followed and must not be departed from to the disadvantage of the person affected . This proposition, however, applied with equal force to cases of preventive detention befo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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