PANKAJ KUMAR CHAKRABARTY AND ORS. versus STATE OF WEST BENGAL

PANKAJ KUMAR CHAKRABARTY AND ORS. versus STATE OF WEST BENGAL

The appropriate government has a constitutional obligation to consider the representation made by the detenue under Article 22(5) irrespective of whether it was made before or after referral to the Advisory Board. Failure to do so renders the detention order invalid.

Parties
Petitioner: Pankaj Kumar Chakrabarty and Ors.; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
01 May 1969
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Final Judgment
Outcome
Petition allowed; Detention orders set aside.
Legal Topics
Article 22(5) of the Constitution, Preventive Detention Act 1950, Right to Representation Against Detention, Obligation of State Government
Constitutional Law Preventive Detention Article 22(5) of the Constitution Preventive Detention Act 1950 Right to Representation Against Detention Obligation of State Government

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Parties

Pankaj Kumar Chakrabarty and Ors.

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Final Judgment

Legal Issues

  1. 1 Whether there is a constitutional obligation on the appropriate government to consider a representation made by a detenue under Art. 22(5).
  2. 2 Whether it makes any difference if such representation is made after the case is referred to the Advisory Board.

Ratio Decidendi

The appropriate government has a constitutional obligation to consider the representation made by the detenue under Article 22(5) irrespective of whether it was made before or after referral to the Advisory Board. Failure to do so renders the detention order invalid.

Court Disposition

Petition allowed; Detention orders set aside.

Orders

  • The orders of detention against petitioners 15 and 36 are set aside.
  • Petitioners are to be set at liberty forthwith.