MADAN MOHAN MONDAL versus THE STATE OF WEST BENGAL
A vague and unsatisfactory explanation for a prima facie unreasonable delay in considering the detenu’s representation renders the preventive detention illegal, requiring the detenu's release.
- Parties
- Petitioner: Madan Mohan Mondal; Respondent: State of West Bengal
- Jurisdiction
- India
- Judgment Date
- 02 August 1972
- Procedural Posture
- Writ Petition / Original Jurisdiction, Article 32 Petition
- Outcome
- Petition allowed
- Legal Topics
- Preventive Detention, Maintenance of Internal Security Act, Delay in Considering Representation, Fundamental Rights
Case Brief
Summary, issues, holding and outcome
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Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Parties
Madan Mohan Mondal
Petitioner
State of West Bengal
Respondent
Procedural Posture
Writ Petition / Original Jurisdiction, Article 32 Petition
Legal Issues
- 1 Whether the delay of 33 days in considering the detenu's representation makes the detention illegal under Article 22(5) of the Constitution and the Maintenance of Internal Security Act, 1971
Ratio Decidendi
A vague and unsatisfactory explanation for a prima facie unreasonable delay in considering the detenu’s representation renders the preventive detention illegal, requiring the detenu's release.
Court Disposition
Petition allowed
Orders
- Detenu-petitioner directed to be set at liberty forthwith.
Full Case Text
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