BIDYA DEB BARMA ETC. versus DISTRICT MAGISTRATE, TRIPURA, AGARTALA

BIDYA DEB BARMA ETC. versus DISTRICT MAGISTRATE, TRIPURA, AGARTALA

Delays in reporting and approval under ss.3(3) and 3(4) were explained by circumstances and do not invalidate detention; approval need not be communicated to detenu; grounds supplied were sufficiently specific; mala fides not proved; objection on language was belated and without prejudice.

Parties
Petitioner: Bidy A Deb Barma etc.; Respondent: District Magistrate, Tripura, Agartala
Jurisdiction
India
Judgment Date
06 August 1968
Procedural Posture
Writ Petition / Final Judgment
Outcome
petitions dismissed
Legal Topics
Preventive Detention, Administrative Law, Fundamental Rights, Procedure Under Preventive Detention Act
Constitutional Law Criminal Law Preventive Detention Administrative Law Fundamental Rights Procedure Under Preventive Detention Act

Case Brief

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Parties

Bidy A Deb Barma etc.

Petitioner

District Magistrate, Tripura, Agartala

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether delay in reporting detention order to State Government under s.3(3) makes detention illegal.
  2. 2 Whether approval under s.3(3) must be communicated to detenu.
  3. 3 Whether delay in communication to Central Government under s.3(4) invalidates detention.

Ratio Decidendi

Delays in reporting and approval under ss.3(3) and 3(4) were explained by circumstances and do not invalidate detention; approval need not be communicated to detenu; grounds supplied were sufficiently specific; mala fides not proved; objection on language was belated and without prejudice.

Court Disposition

petitions dismissed

Orders

  • All writ petitions (Nos. 89 to 92 and 94 of 1968) dismissed; detention valid.