JITENDER TYAGI versus DELHI ADMINISTRATION & ANR.

JITENDER TYAGI versus DELHI ADMINISTRATION & ANR.

In computing the twelve days referred to in Section 3(4) of the National Security Act, 1980, the day on which the order of detention was passed should be excluded. The approval of the detention order was therefore made within twelve days. The Act does not require supply of delegation order to the detenu and the detaining authority had the necessary information and satisfaction when making the order.

Parties
Petitioner: Jitender Tyagi; Respondents: Delhi Administration & Anr.
Jurisdiction
India
Judgment Date
03 October 1989
Procedural Posture
Writ Petition (criminal) / Supreme Court Final Judgment
Outcome
Petition dismissed
Legal Topics
Preventive Detention, National Security Act, Interpretation of Statutes
Constitutional Law Criminal Law Preventive Detention National Security Act Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Jitender Tyagi

Petitioner

Delhi Administration & Anr.

Respondents

Procedural Posture

Writ Petition (criminal) / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the day of passing the detention order should be included in computing the twelve days under Section 3(4) of the National Security Act, 1980
  2. 2 Whether non-supply of copy of delegation order to the detenu is prejudicial
  3. 3 Whether there was non-application of mind by the detaining authority

Ratio Decidendi

In computing the twelve days referred to in Section 3(4) of the National Security Act, 1980, the day on which the order of detention was passed should be excluded. The approval of the detention order was therefore made within twelve days. The Act does not require supply of delegation order to the detenu and the detaining authority had the necessary information and satisfaction when making the order.

Court Disposition

Petition dismissed

Orders

  • Writ petition dismissed