DHANANJOY DAS versus DISTRICT MAGISTRATE & ANR.

DHANANJOY DAS versus DISTRICT MAGISTRATE & ANR.

Paragraph 1 of the grounds is only an introduction or preamble and cannot be a ground of attack for vagueness; paragraphs 2 and 3 supply sufficient basic facts for effective representation; the facts relate to the maintenance of public order in Assam given the prevailing circumstances and applicable legal standards.

Parties
Appellant: Dhananjoy Das; Respondent: District Magistrate; Respondent: State of Assam
Jurisdiction
India
Judgment Date
16 August 1982
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Certificate From High Court Judgment Dismissing Art. 226 Petition
Outcome
Appeal dismissed
Legal Topics
Article 22(5) Rights of Detenu, National Security Act, 1980, S. 3(3) Detention Grounds, Vagueness of Detention Grounds, Distinction Between Law and Order and Public Order
Constitutional Law Criminal Law Preventive Detention Article 22(5) Rights of Detenu National Security Act, 1980, S. 3(3) Detention Grounds Vagueness of Detention Grounds Distinction Between Law and Order and Public Order

Case Brief

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Parties

Dhananjoy Das

Appellant

District Magistrate

Respondent

State of Assam

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Certificate From High Court Judgment Dismissing Art. 226 Petition

Legal Issues

  1. 1 Whether paragraph 1 of the grounds of detention is vague and invalidates the detention order
  2. 2 Whether paragraphs 2 and 3 are vague for lack of details
  3. 3 Whether the grounds relate to law and order or public order

Ratio Decidendi

Paragraph 1 of the grounds is only an introduction or preamble and cannot be a ground of attack for vagueness; paragraphs 2 and 3 supply sufficient basic facts for effective representation; the facts relate to the maintenance of public order in Assam given the prevailing circumstances and applicable legal standards.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; detention order upheld