ASHOK KUMAR versus DELHI ADMINISTRATION & ORS.

ASHOK KUMAR versus DELHI ADMINISTRATION & ORS.

The delay of two days in furnishing grounds of detention did not violate Article 22(5) as it was within the statutory period prescribed by Section 8 of the National Security Act, 1980. There is no mandatory requirement to specify the period of detention in the detention order. The acts attributed to the petitioner affect public order, not merely law and order, justifying preventive detention under the Act.

Parties
Petitioner: Ashok Kumar; Respondent: Delhi Administration & Ors.
Jurisdiction
India
Judgment Date
05 May 1982
Procedural Posture
Writ Petition (criminal) No. 8061 of 1981 / Final Judgment
Outcome
Petition dismissed
Legal Topics
Preventive Detention, National Security Act, Period of Detention, Grounds of Detention, Public Order Vs Law and Order, Right to Representation
Constitutional Law Criminal Law Preventive Detention National Security Act Period of Detention Grounds of Detention Public Order Vs Law and Order Right to Representation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Ashok Kumar

Petitioner

Delhi Administration & Ors.

Respondent

Procedural Posture

Writ Petition (criminal) No. 8061 of 1981 / Final Judgment

Legal Issues

  1. 1 Whether unexplained delay of two days in furnishing grounds of detention violates Article 22(5) and Section 8 of National Security Act, 1980
  2. 2 Whether specifying the period of detention is mandatory in the detention order under the National Security Act, 1980
  3. 3 Whether the activities of the petitioner pertain to 'public order' or 'law and order'

Ratio Decidendi

The delay of two days in furnishing grounds of detention did not violate Article 22(5) as it was within the statutory period prescribed by Section 8 of the National Security Act, 1980. There is no mandatory requirement to specify the period of detention in the detention order. The acts attributed to the petitioner affect public order, not merely law and order, justifying preventive detention under the Act.

Court Disposition

Petition dismissed

Orders

  • Petition is dismissed; no further relief granted.