MISHRILAL JAIN versus DISTRICT MAGISTRATE, KAMRUP & ORS.

MISHRILAL JAIN versus DISTRICT MAGISTRATE, KAMRUP & ORS.

The order of detention is bad and must be quashed because at least one ground of detention communicated to the petitioner was vague, depriving him of the statutory right to make an effective representation; the vagueness was not cured by further details provided elsewhere and vitiates the detention order as a whole.

Parties
Petitioner: Mishrilal Jain; Respondent: District Magistrate, Kamrup & Ors.
Jurisdiction
India
Judgment Date
14 October 1971
Procedural Posture
Writ Petition / Original Jurisdiction; Final Judgment
Outcome
Petition allowed; detention order quashed
Legal Topics
Vagueness in Grounds of Detention, Representation Rights Under Preventive Detention, Maintenance of Internal Security Act, 1971
Constitutional Law Preventive Detention Vagueness in Grounds of Detention Representation Rights Under Preventive Detention Maintenance of Internal Security Act, 1971

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Parties

Mishrilal Jain

Petitioner

District Magistrate, Kamrup & Ors.

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction; Final Judgment

Legal Issues

  1. 1 Whether the grounds of detention communicated to the petitioner are vague, thereby depriving him of the opportunity to make an effective representation.
  2. 2 Whether the order of detention under s. 3(2)(a) of the Maintenance of Internal Security Act, 1971 is vitiated if at least one ground is vague.

Ratio Decidendi

The order of detention is bad and must be quashed because at least one ground of detention communicated to the petitioner was vague, depriving him of the statutory right to make an effective representation; the vagueness was not cured by further details provided elsewhere and vitiates the detention order as a whole.

Court Disposition

Petition allowed; detention order quashed

Orders

  • Order of District Magistrate, Kamrup dated August 30, 1971 under s. 3(2)(a) of Maintenance of Internal Security Act, 1971 is set aside
  • Petitioner (detenu) directed to be set at liberty forthwith