HADIBANDHU DAS versus DISTRICT MAGISTRATE, CUTTACK & ANR.

HADIBANDHU DAS versus DISTRICT MAGISTRATE, CUTTACK & ANR.

The failure to supply the appellant a translation of the detention order and grounds in a language he understood within five days, as mandated by section 7, amounted to denial of the constitutional right to communicate grounds and make representation; any subsequent detention became unauthorised. The second detention order was not based on any fresh facts arising after revocation and was therefore invalid under section 13(2).

Parties
Appellant: Hadibandhu Das; Respondent: District Magistrate, Cuttack & Anr.
Jurisdiction
India
Judgment Date
02 May 1968
Procedural Posture
Civil Appeal / Appeal From Orissa High Court Judgment
Outcome
Appeal allowed; detention order quashed
Legal Topics
Detention Order, Communication of Grounds, Translation Requirement, Fresh Detention on Revocation
Constitutional Law Preventive Detention Detention Order Communication of Grounds Translation Requirement Fresh Detention on Revocation

Case Brief

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Parties

Hadibandhu Das

Appellant

District Magistrate, Cuttack & Anr.

Respondent

Procedural Posture

Civil Appeal / Appeal From Orissa High Court Judgment

Legal Issues

  1. 1 Whether failure to supply translation of detention order and grounds within statutory period invalidates detention
  2. 2 Whether fresh detention order after revocation can be based on same facts or must be on fresh facts

Ratio Decidendi

The failure to supply the appellant a translation of the detention order and grounds in a language he understood within five days, as mandated by section 7, amounted to denial of the constitutional right to communicate grounds and make representation; any subsequent detention became unauthorised. The second detention order was not based on any fresh facts arising after revocation and was therefore invalid under section 13(2).

Court Disposition

Appeal allowed; detention order quashed

Orders

  • Detention order under Preventive Detention Act quashed
  • Appellant released from custody