GOPAL BAURI versus THE DISTRICT MAGISTRATE BURDWAN AND OTHERS

GOPAL BAURI versus THE DISTRICT MAGISTRATE BURDWAN AND OTHERS

Since the omission to disclose the name of the associate from whose possession the stolen articles were recovered deprived the petitioner of an effective opportunity to make a representation, the order of detention is invalid under the law.

Parties
Petitioner: Gopal Bauri; Respondents: The District Magistrate, Burdwan and Others
Jurisdiction
India
Judgment Date
17 January 1975
Procedural Posture
Writ Petition (habeas Corpus) / Supreme Court, Original Jurisdiction, Under Article 32 of the Constitution
Outcome
Petition allowed. The impugned detention order is quashed; the rule nisi is made absolute; the petitioner is to be released forthwith.
Legal Topics
Preventive Detention, Maintenance of Internal Security Act, Article 32, Article 22(5), Grounds of Detention, Effective Representation
Constitutional Law Criminal Law Preventive Detention Maintenance of Internal Security Act Article 32 Article 22(5) Grounds of Detention Effective Representation

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Parties

Gopal Bauri

Petitioner

The District Magistrate, Burdwan and Others

Respondents

Procedural Posture

Writ Petition (habeas Corpus) / Supreme Court, Original Jurisdiction, Under Article 32 of the Constitution

Legal Issues

  1. 1 Whether omission to provide the name of the associate from whom stolen articles were recovered in the grounds of detention amounts to denial of effective opportunity to represent against the order under Article 22(5) of the Constitution.

Ratio Decidendi

Since the omission to disclose the name of the associate from whose possession the stolen articles were recovered deprived the petitioner of an effective opportunity to make a representation, the order of detention is invalid under the law.

Court Disposition

Petition allowed. The impugned detention order is quashed; the rule nisi is made absolute; the petitioner is to be released forthwith.

Orders

  • The order of detention dated June 25, 1973 is quashed.
  • The petitioner shall be released from detention forthwith.