KAMLAKAR PRASAD CHATURVEDI versus STATE OF M. P. & ANR

KAMLAKAR PRASAD CHATURVEDI versus STATE OF M. P. & ANR

The order of detention is unsustainable as it is based on grounds, particularly the first, that are too remote and not proximate to the order of detention. In absence of a provision akin to Section 5A of COFEPOSA, it cannot be postulated that the authority would have reached the same subjective satisfaction regarding detention if the old and non-proximate grounds were excluded. The inclusion of stale grounds vitiates the subjective satisfaction required for preventive detention.

Parties
Petitioner: Kamlakar Prasad Chaturvedi; Respondent: State of Madhya Pradesh & Another
Jurisdiction
India
Judgment Date
07 October 1983
Procedural Posture
Writ Petition (criminal) No. 584 of 1983 Under Article 32 of the Constitution of India / Supreme Court Final Decision
Outcome
Petition allowed. The order of detention is quashed.
Legal Topics
Preventive Detention Under National Security Act, Proximity and Relevance of Grounds for Detention, Requirement of Procedural Fairness Under Article 22(5)
Constitutional Law Criminal Law Preventive Detention Preventive Detention Under National Security Act Proximity and Relevance of Grounds for Detention Requirement of Procedural Fairness Under Article 22(5)

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Parties

Kamlakar Prasad Chaturvedi

Petitioner

State of Madhya Pradesh & Another

Respondent

Procedural Posture

Writ Petition (criminal) No. 584 of 1983 Under Article 32 of the Constitution of India / Supreme Court Final Decision

Legal Issues

  1. 1 Whether stale and remote grounds can be considered for a preventive detention order under sec. 3(2) of the National Security Act, 1980.
  2. 2 Whether failure to supply material documents relied upon vitiates the order of detention.

Ratio Decidendi

The order of detention is unsustainable as it is based on grounds, particularly the first, that are too remote and not proximate to the order of detention. In absence of a provision akin to Section 5A of COFEPOSA, it cannot be postulated that the authority would have reached the same subjective satisfaction regarding detention if the old and non-proximate grounds were excluded. The inclusion of stale grounds vitiates the subjective satisfaction required for preventive detention.

Court Disposition

Petition allowed. The order of detention is quashed.

Orders

  • Order of detention dated 6.5.1983 quashed.
  • Petitioner to be set at liberty forthwith.