MOHD. SUBRATI ALIAS MOHD. KARIM versus STATE OF WEST BENGAL

MOHD. SUBRATI ALIAS MOHD. KARIM versus STATE OF WEST BENGAL

Preventive detention under s. 3(1) and (2) of the Maintenance of Internal Security Act, 1971, may be validly ordered even if criminal prosecution is not feasible or successful, provided the detaining authority is subjectively satisfied, based on relevant grounds, of a real necessity to prevent prejudicial acts to the community. The failure to criminally prosecute or to secure conviction is not a bar to the exercise of preventive detention powers, so long as statutory and constitutional safeguards are observed.

Parties
Petitioner: Mohd. Subrati alias Mohd. Karim; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
14 November 1972
Procedural Posture
Writ Petition (habeas Corpus Under Article 32) / Final Judgment
Outcome
Petition dismissed
Legal Topics
Preventive Detention, Personal Liberty, Maintenance of Internal Security Act, Writ of Habeas Corpus
Constitutional Law Preventive Detention Personal Liberty Maintenance of Internal Security Act Writ of Habeas Corpus

Case Brief

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Parties

Mohd. Subrati alias Mohd. Karim

Petitioner

State of West Bengal

Respondent

Procedural Posture

Writ Petition (habeas Corpus Under Article 32) / Final Judgment

Legal Issues

  1. 1 Whether the order of preventive detention under s. 3(1) and (2) of the Maintenance of Internal Security Act, 1971, is liable to be set aside on the ground that the petitioner could have been tried under criminal law instead.
  2. 2 Whether failure to secure conviction or trial bars passing of preventive detention order.
  3. 3 Whether a counter-affidavit must set forth true, full and fair disclosure by responsible officers.

Ratio Decidendi

Preventive detention under s. 3(1) and (2) of the Maintenance of Internal Security Act, 1971, may be validly ordered even if criminal prosecution is not feasible or successful, provided the detaining authority is subjectively satisfied, based on relevant grounds, of a real necessity to prevent prejudicial acts to the community. The failure to criminally prosecute or to secure conviction is not a bar to the exercise of preventive detention powers, so long as statutory and constitutional safeguards are observed.

Court Disposition

Petition dismissed