ABDUL KARIM AND OTHERS versus STATE OF WEST BENGAL

ABDUL KARIM AND OTHERS versus STATE OF WEST BENGAL

The State Government is under a legal and constitutional obligation, under Article 22(5) of the Constitution and the Preventive Detention Act, 1950, to consider the representation of the detenu as soon as it is received and before making reference to the Advisory Board. Failure to do so renders the detention order illegal and ultra vires.

Parties
Petitioners: Abdul Karim and others; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
31 January 1969
Procedural Posture
Writ Petition Under Article 32 (habeas Corpus) / Final Decision After Hearing; Reasons Delivered After Prior Release of Petitioners
Outcome
Petition allowed; detention orders declared illegal and ultra vires; petitioners entitled to release.
Legal Topics
Article 22(5) of the Constitution of India, Preventive Detention Act, 1950, Requirement to Consider Representation of Detenu Prior to Reference to Advisory Board, Personal Liberty and Procedural Safeguards
Constitutional Law Preventive Detention Article 22(5) of the Constitution of India Preventive Detention Act, 1950 Requirement to Consider Representation of Detenu Prior to Reference to Advisory Board Personal Liberty and Procedural Safeguards

Case Brief

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Parties

Abdul Karim and others

Petitioners

State of West Bengal

Respondent

Procedural Posture

Writ Petition Under Article 32 (habeas Corpus) / Final Decision After Hearing; Reasons Delivered After Prior Release of Petitioners

Legal Issues

  1. 1 Whether the State Government is under an obligation to consider the representation of detenu before forwarding it to the Advisory Board under the Preventive Detention Act, 1950
  2. 2 Whether non-compliance with the procedural requirements of Article 22(5) renders the order of detention illegal

Ratio Decidendi

The State Government is under a legal and constitutional obligation, under Article 22(5) of the Constitution and the Preventive Detention Act, 1950, to consider the representation of the detenu as soon as it is received and before making reference to the Advisory Board. Failure to do so renders the detention order illegal and ultra vires.

Court Disposition

Petition allowed; detention orders declared illegal and ultra vires; petitioners entitled to release.

Orders

  • Orders of detention against the petitioners quashed as illegal and ultra vires.
  • Petitioners directed to be released.