PRABHU DAYAL DEORAH ETC. ETC. versus THE DISTRICT MAGISTRATE, KAMRUP & ORS.

PRABHU DAYAL DEORAH ETC. ETC. versus THE DISTRICT MAGISTRATE, KAMRUP & ORS.

Since the principal ground of detention communicated to the petitioners was found to be so vague as to deprive them of the constitutional right to make an effective representation under Article 22(5), the detention orders were vitiated and the petitioners are to be released from custody.

Parties
Petitioner: Prabhu Dayal Deorah; Respondents: The District Magistrate, Kamrup & Ors.
Jurisdiction
India
Judgment Date
11 October 1973
Procedural Posture
Writ Petition Under Article 32 (habeas Corpus) / Final Judgment of Supreme Court
Outcome
Rule nisi made absolute; writ petitions allowed.
Legal Topics
Article 22(5) Right to Representation, Preventive Detention – Grounds of Detention, Judicial Review Under Article 32
Constitutional Law Preventive Detention Article 22(5) Right to Representation Preventive Detention – Grounds of Detention Judicial Review Under Article 32

Case Brief

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Parties

Prabhu Dayal Deorah

Petitioner

The District Magistrate, Kamrup & Ors.

Respondents

Procedural Posture

Writ Petition Under Article 32 (habeas Corpus) / Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether the grounds of detention communicated to the petitioners were so vague as to deny their constitutional right under Article 22(5) to make an effective representation against the detention order.
  2. 2 Whether there was inordinate delay by the State Government in disposing of the representations of the petitioners.
  3. 3 Whether the detaining authorities had failed to apply their minds to the facts before ordering detention.

Ratio Decidendi

Since the principal ground of detention communicated to the petitioners was found to be so vague as to deprive them of the constitutional right to make an effective representation under Article 22(5), the detention orders were vitiated and the petitioners are to be released from custody.

Court Disposition

Rule nisi made absolute; writ petitions allowed.

Orders

  • Immediate release of the petitioners from custody.