SASTI@ SATISH CHOWDHARY versus STATE OF WEST BENGAL

SASTI@ SATISH CHOWDHARY versus STATE OF WEST BENGAL

Detention under section 3 of the Maintenance of Internal Security Act, 1971 is valid when the grounds are germane to preventing acts prejudicial to supplies and services essential to the community, even if the act also constitutes a criminal offence under IPC and a prosecution could be launched; the existence of a criminal offence does not bar the making of a detention order under the Act.

Parties
Petitioner: Sasti alias Satish Chowdhary; Respondent: State of West Bengal; Respondent: G. S. Chatterjee
Jurisdiction
India
Judgment Date
02 May 1972
Procedural Posture
Writ Petition / Final Decision
Outcome
Petition dismissed
Legal Topics
Habeas Corpus, Maintenance of Internal Security, Preventive Detention, Detention Under Maintenance of Internal Security Act, 1971, Supplies and Services Essential to the Community
Constitutional Law Criminal Law Preventive Detention Habeas Corpus Maintenance of Internal Security Detention Under Maintenance of Internal Security Act, 1971 Supplies and Services Essential to the Community

Case Brief

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Parties

Sasti alias Satish Chowdhary

Petitioner

State of West Bengal

Respondent

G. S. Chatterjee

Respondent

Procedural Posture

Writ Petition / Final Decision

Legal Issues

  1. 1 Whether detention under section 3 of the Maintenance of Internal Security Act, 1971 is valid when a prosecution under the Indian Penal Code can be launched against the detenu

Ratio Decidendi

Detention under section 3 of the Maintenance of Internal Security Act, 1971 is valid when the grounds are germane to preventing acts prejudicial to supplies and services essential to the community, even if the act also constitutes a criminal offence under IPC and a prosecution could be launched; the existence of a criminal offence does not bar the making of a detention order under the Act.

Court Disposition

Petition dismissed

Orders

  • No infirmity found in the detention order; detention confirmed and continues.