JAYANARAYAN SUKUL versus STATE OF WEST BENGAL
The State Government failed to consider the petitioner's representation with proper expedition and independently of the Advisory Board's opinion, as required by Article 22(5) and Section 7, amounting to a violation of the constitutional guarantee.
- Parties
- Petitioner: Jayanarayan Sukul; Respondent: State of West Bengal; Respondent: Sukumar Basu
- Jurisdiction
- India
- Judgment Date
- 15 October 1969
- Procedural Posture
- Writ Petition / Final Judgment on Petition for Habeas Corpus Under Article 32
- Outcome
- Petition allowed
- Legal Topics
- Preventive Detention, Fundamental Rights, Habeas Corpus, Right to Representation, Article 22(5)
Case Brief
Summary, issues, holding and outcome
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Parties
Jayanarayan Sukul
Petitioner
State of West Bengal
Respondent
Sukumar Basu
Respondent
Procedural Posture
Writ Petition / Final Judgment on Petition for Habeas Corpus Under Article 32
Legal Issues
- 1 Whether the State Government considered the detenu's representation with reasonable expedition as required by Article 22(5) and Section 7 of the Preventive Detention Act, 1950
- 2 Whether delay in considering the representation and reliance on the Advisory Board's report violate the detenu's constitutional rights
Ratio Decidendi
The State Government failed to consider the petitioner's representation with proper expedition and independently of the Advisory Board's opinion, as required by Article 22(5) and Section 7, amounting to a violation of the constitutional guarantee.
Court Disposition
Petition allowed
Orders
- The petitioner is ordered to be released forthwith.
- Petition under Article 32 for writ of habeas corpus allowed.
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