SK. SEKAWAT versus THE STATE OF WEST BENGAL

SK. SEKAWAT versus THE STATE OF WEST BENGAL

The detention order is illegal if the State Government fails to consider the detenu's representation, received after the Advisory Board's report but before confirming the order of detention, prior to such confirmation. Subsequent consideration does not cure the illegality.

Parties
Petitioner: Sk. Sekawat; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
24 September 1974
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction
Outcome
Petition allowed
Legal Topics
Maintenance of Internal Security Act 1971, Article 22(5) Right of Representation, Detention Procedure
Constitutional Law Preventive Detention Maintenance of Internal Security Act 1971 Article 22(5) Right of Representation Detention Procedure

Case Brief

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Parties

Sk. Sekawat

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India / Original Jurisdiction

Legal Issues

  1. 1 Whether the State Government is bound to consider a representation received after the opinion of the Advisory Board but before confirmation of detention order under the Maintenance of Internal Security Act, 1971.

Ratio Decidendi

The detention order is illegal if the State Government fails to consider the detenu's representation, received after the Advisory Board's report but before confirming the order of detention, prior to such confirmation. Subsequent consideration does not cure the illegality.

Court Disposition

Petition allowed

Orders

  • Order of detention is set aside.
  • Detention of the petitioner declared illegal and void.