Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home List
← Previous Next →

1969 (2) TMI 186

t. JUDGMENT: Shah J.C., On March 16, 1968 the petitioner was arrested and ordered to be detained under S. 3(1) (,a) (i) of the Jammu and Kashmir Preventive Detention Act 13 of 1964. On March 26, 1968, he was served- with the grounds of detention. On May 3, 1968, the petitioner moved a petition for a writ of habeas corpus in this Court. The petition was rejected by this Court on October 10, 1968. In the meanwhile the order dated March 16 1968, was revoked on September 16, 1968, and another order was served upon the petitioner on the same day. On September 24, 1.968, he was served with the grounds of detention for the fresh order, and his case was referred to the Advisory. Board on October 26, 1968. On October 30, 1968, the Advisory Board rec .....

X X X X X X X

Full Text of the Document

X X X X X X X

under orders of preventive detention But Art. 35 (c) in its application to the State of Jammu & Kashmir provides "no law with respect to preventive detention made by the Legislature of the State of Jammu and Kashmir, whether before or after the commencement of the Constitution (Application to Jammu and Kashmir) Order, 1954, shall be void on the ground that it is inconsistent with any of the provisions of this (Part III) Part, but any such law shall, to the extent of such in-consistency, cease to have effect on the expiration of fifteen years from the commencement of the said Order, except as respects things done or omitted to be done before the expiration thereof." The protection of cls. (5), (7) of Art. 22 insofar the, provis .....

X X X X X X X

Full Text of the Document

X X X X X X X

ed for such period as it thinks fit. (2) In any case where the Advisory Board has rePorted that there is in its opinion no sufficient cause for the detention of the person concerned, the Government shall revoke the detention order and cause the person to be released forthwith.,, Section 13 prescribes the maximum, period of detention for which any person may be detained in pursuance of any detention order. Section 13A which was added by Act 8 of 1967 enables the State to detain a person for a period of two years. Section 13A provides: "(1) Notwithstanding anything contained in this Act, any person detained under a detention order made in any of the following classes of cases or under any of the following circumstances may be detained fo .....

X X X X X X X

Full Text of the Document

X X X X X X X

ty of the State, if the authority making the order, by the same or a subsequent order directs that the person detained may be informed that it would be against public interest to communicate to him. the grounds on which the detention order has been made.' (c) in section 10,- (i) after the words, 'In every case where a detention order has been made under this Act' occurring in the beginning, the brackets and words '[other than a case to which the proviso to section 8(1) applies]' shall be inserted; and (ii) for the words 'thirty days' the words 'sixty days' shall be substituted, (b) in section 1 1, for the words 'ten weeks' the words five months shall be substituted." The effect of s. 13A inso .....

X X X X X X X

Full Text of the Document

X X X X X X X

d. It is plainly contemplated thereby that the Government may decide not to refer the case of the detenu to the Advisory Board, because the period for which he is to. be detained is not to exceed six months. Section 13A is an exception to S. 10 as well as to all other relevant provisions of the Act, and in case of conflicts. 13A prevails. The, petitioner was detained for six months from March 16,.1968 to September 16, 1968 without obtaining the opinion of the Advisory Board. We will be justified in accepting the contention of the State that it was intended, when the order was pass detaining the petitioner that he was not to be kept in detention for a period longer than six months and his case fell within the terms of s. 13A (1) and on that .....

X X X X X X X

Full Text of the Document

X X X X X X X

s passed. On comparing the grounds it cannot be said that they are identical. It is stated in the last part of the Annexure to the grounds of detention under order dated September 16, 1968, that from the middle of January to March 1968 the petitioner went underground and during that period he used to attend secret meetings in which he used to stress upon the Government employees that their demands cannot be conceded by the, Government unless they resort to violence that the petitioner was violent by nature and was a perpetual threat to the maintenance of public order. It cannot also be said that merely because the previous order had been passed under which the 'Petitioner was intended to be detained for a period of six months and therea .....

X X X X X X X

Full Text of the Document

X X X X X X X

a, detenu is not a convict. Our Constitution, notwithstanding the broad principles of the rule of law, equality and liberty of the individual enshrined therein, tolerates, on account of peculiar conditions prevailing, legislation which is a negation of the rule of law, equality and liberty. But it is implicit in the Constitutional scheme that the power to detain is not a power to punish for offences which an executive authority in his subjective satisfaction believes a citizen to have committed. Power to detain is primarily intended to be exercised in those rare cases when the larger interest of the State demand that restrictions shall be placed upon 'the liberty of a citizen curbing his future activities The restrictions so placed must .....

X X X X X X X

Full Text of the Document

X X X X X X X

 

 

← Previous Next →

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Blog || Site Map - Recent || Site Map ||