KSHETRA GOGOI versus STATE OF ASSAM

KSHETRA GOGOI versus STATE OF ASSAM

A fresh preventive detention order under Section 13(2) of the Preventive Detention Act, 1950 is invalid where no fresh facts have arisen after the expiry of the previous order, and where the purported grounds either repeat earlier grounds or relate to events during the period of detention.

Parties
Petitioner: Kshetra Gogoi; Respondent: State of Assam
Jurisdiction
India
Judgment Date
19 September 1969
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition allowed
Legal Topics
Preventive Detention, Habeas Corpus, Section 13(2) Preventive Detention Act, 1950, Section 11 a Preventive Detention Act
Constitutional Law Criminal Law Preventive Detention Habeas Corpus Section 13(2) Preventive Detention Act, 1950 Section 11 a Preventive Detention Act, 1950

Case Brief

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Parties

Kshetra Gogoi

Petitioner

State of Assam

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether a fresh detention order can be validly made under Section 13(2) of the Preventive Detention Act, 1950 on the same facts as an earlier, expired order
  2. 2 What are the requirements for a valid fresh preventive detention order after expiry of a previous order

Ratio Decidendi

A fresh preventive detention order under Section 13(2) of the Preventive Detention Act, 1950 is invalid where no fresh facts have arisen after the expiry of the previous order, and where the purported grounds either repeat earlier grounds or relate to events during the period of detention.

Court Disposition

Petition allowed

Orders

  • The order of detention dated 28th August, 1969 is declared invalid.
  • The petitioner, Kshetra Gogoi, shall be set at liberty forthwith.