ARUN GHOSH versus STATE OF WEST BENGAL

ARUN GHOSH versus STATE OF WEST BENGAL

The acts of the petitioner, though directed against a family and a few individuals, did not amount to a disturbance of public order affecting the community at large. Hence, detention under public order cannot be justified.

Parties
Petitioner: Arun Ghosh; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
02 December 1969
Procedural Posture
Writ Petition Under Article 32 of the Constitution of India Seeking Habeas Corpus / Original Jurisdiction, Supreme Court
Outcome
Petition allowed. Arun Ghosh is to be released forthwith unless required in some other connection.
Legal Topics
Preventive Detention, Public Order, Writ of Habeas Corpus
Constitutional Law Criminal Law Preventive Detention Public Order Writ of Habeas Corpus

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Parties

Arun Ghosh

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution of India Seeking Habeas Corpus / Original Jurisdiction, Supreme Court

Legal Issues

  1. 1 Whether the acts complained of amounted to disturbance of public order justifying detention under the Preventive Detention Act, 1950

Ratio Decidendi

The acts of the petitioner, though directed against a family and a few individuals, did not amount to a disturbance of public order affecting the community at large. Hence, detention under public order cannot be justified.

Court Disposition

Petition allowed. Arun Ghosh is to be released forthwith unless required in some other connection.

Orders

  • He will be released forthwith unless required in some other connection.