UJJAL MANDAL versus STATE OF WEST BENGAL

UJJAL MANDAL versus STATE OF WEST BENGAL

The detention was illegal since the State Government confirmed the detention order after three months from the date of detention in breach of Article 22(4) of the Constitution and the relevant provisions of West Bengal (Prevention of Violent Activities) Act, 1970.

Parties
Petitioner: Ujjal Mandal; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
21 January 1972
Procedural Posture
Writ Petition / Final Disposal (judgment)
Outcome
Petition allowed
Legal Topics
Preventive Detention, Constitution of India Article 22(4), Confirmation of Detention Order, West Bengal (prevention of Violent Activities) Act, 1970
Constitutional Law Preventive Detention Constitution of India Article 22(4) Confirmation of Detention Order West Bengal (prevention of Violent Activities) Act, 1970

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 9 Party arguments 1
Sign in to unlock

Parties

Ujjal Mandal

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition / Final Disposal (judgment)

Legal Issues

  1. 1 Whether detention beyond three months under the West Bengal (Prevention of Violent Activities) Act, 1970, is illegal if the State Government confirms the detention order after expiry of three months from the date of detention.

Ratio Decidendi

The detention was illegal since the State Government confirmed the detention order after three months from the date of detention in breach of Article 22(4) of the Constitution and the relevant provisions of West Bengal (Prevention of Violent Activities) Act, 1970.

Court Disposition

Petition allowed

Orders

  • The petitioner Ujjal Mandal is to be released forthwith.