MOHD. MAQBOOL DAMNOO versus STATE OF JAMMU AND KASHMIR

MOHD. MAQBOOL DAMNOO versus STATE OF JAMMU AND KASHMIR

The Governor, being constitutionally valid successor to the Sadar-i-Riyasat, was competent to assent to legislation. The Jammu and Kashmir Preventive Detention (Amendment) Act, 1967 was validly assented to by the Governor. The Act did not involve excessive delegation, as only executive powers were conferred. Articles 21 and 22 were excluded by Article 35(c) for this statute. The proviso to section 8 was not ultra vires section 103, as the courts retained power to examine detention validity. No procedural irregularity occurred in execution of the detention order. There was sufficient material to show grounds for detention related to state security and the detaining authority had applied...

Parties
Petitioner: M. M. Maqbool Damnoo; Respondent: State of Jammu & Kashmir
Jurisdiction
India
Judgment Date
05 January 1972
Procedural Posture
Writ Petition Under Article 32 / Final Judgment
Outcome
petition dismissed
Legal Topics
Validity of Amendments, Preventive Detention, Excessive Delegation, Statutory Interpretation, Concurrence and Assent of Head of State
Constitutional Law Preventive Detention Validity of Amendments Excessive Delegation Statutory Interpretation Concurrence and Assent of Head of State

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

M. M. Maqbool Damnoo

Petitioner

State of Jammu & Kashmir

Respondent

Procedural Posture

Writ Petition Under Article 32 / Final Judgment

Legal Issues

  1. 1 Validity of the Jammu and Kashmir Preventive Detention (Amendment) Act, 1967 due to assent by Governor instead of Sadar-i-Riyasat
  2. 2 Validity of proviso to section 8(1) of the Detention Act regarding possible excessive delegation
  3. 3 Whether the proviso conflicts with section 103 of the Constitution of Jammu and Kashmir

Ratio Decidendi

The Governor, being constitutionally valid successor to the Sadar-i-Riyasat, was competent to assent to legislation. The Jammu and Kashmir Preventive Detention (Amendment) Act, 1967 was validly assented to by the Governor. The Act did not involve excessive delegation, as only executive powers were conferred. Articles 21 and 22 were excluded by Article 35(c) for this statute. The proviso to section 8 was not ultra vires section 103, as the courts retained power to examine detention validity. No procedural irregularity occurred in execution of the detention order. There was sufficient material to show grounds for detention related to state security and the detaining authority had applied...

Court Disposition

petition dismissed

Orders

  • Petition dismissed
  • Detention order upheld