SHAMARAO V. PARULEKAR versus THE DISTRICT MAGISTRATE, THANA, BOMBAY AND TWO OTHERS

SHAMARAO V. PARULEKAR versus THE DISTRICT MAGISTRATE, THANA, BOMBAY AND TWO OTHERS

Section 3 of the Preventive Detention (Amendment) Act, 1952, is intra vires. Extension of the Act extends detention for so long as the principal Act is in force without requiring a fresh order; the section does not violate Article 14 or Article 22(4), (7) as Parliament can prescribe maximum period for a class. Detentions are not illegal solely for expiry of earlier Act, and there is no unconstitutional discrimination.

Parties
Petitioner: Shamarao V. Parulekar; Respondent: The District Magistrate, Thana, Bombay and two others; Petitioner: D. M. Pangarkar; Respondent: The State of Bombay and another; Petitioner: Mrs. Godavari Parulekar; Petitioner: Ganesh Laxman Patil for Tukaram Hari Wazekar; Respondent: The District Magistrate, Kolaba and two others; Intervener: State of Hyderabad
Jurisdiction
India
Judgment Date
26 May 1952
Procedural Posture
Petitions Under Article 32 for Writs in the Nature of Habeas Corpus / Original Jurisdiction; Ruling on Constitutional and Statutory Points, With Remaining Issues to Be Heard by Another Bench
Outcome
Section 3 of the Preventive Detention (Amendment) Act, 1952, upheld as intra vires; detentions not illegal on constitutional or statutory grounds raised in this judgment; remaining points left open for further hearing.
Legal Topics
Preventive Detention, Validity of Detention Orders, Application of Amending Acts, Interpretation of Statutes, Discrimination Under Article 14
Constitutional Law Criminal Law Preventive Detention Validity of Detention Orders Application of Amending Acts Interpretation of Statutes Discrimination Under Article 14

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Parties

Shamarao V. Parulekar

Petitioner

The District Magistrate, Thana, Bombay and two others

Respondent

D. M. Pangarkar

Petitioner

The State of Bombay and another

Respondent

Mrs. Godavari Parulekar

Petitioner

Ganesh Laxman Patil for Tukaram Hari Wazekar

Petitioner

The District Magistrate, Kolaba and two others

Respondent

State of Hyderabad

Intervener

Procedural Posture

Petitions Under Article 32 for Writs in the Nature of Habeas Corpus / Original Jurisdiction; Ruling on Constitutional and Statutory Points, With Remaining Issues to Be Heard by Another Bench

Legal Issues

  1. 1 Whether section 3 of the Preventive Detention (Amendment) Act, 1952, is intra vires and valid
  2. 2 Whether extension of the Act extends detention period
  3. 3 Whether section 3 violates Article 14 or Article 22(4) and (7) of the Constitution

Ratio Decidendi

Section 3 of the Preventive Detention (Amendment) Act, 1952, is intra vires. Extension of the Act extends detention for so long as the principal Act is in force without requiring a fresh order; the section does not violate Article 14 or Article 22(4), (7) as Parliament can prescribe maximum period for a class. Detentions are not illegal solely for expiry of earlier Act, and there is no unconstitutional discrimination.

Court Disposition

Section 3 of the Preventive Detention (Amendment) Act, 1952, upheld as intra vires; detentions not illegal on constitutional or statutory grounds raised in this judgment; remaining points left open for further hearing.

Orders

  • All four cases to be set for hearing on remaining issues, except constitutional points decided here; the specific point in Petition No. 155 of 1952 regarding relevance of detention grounds decided against petitioner, will not be reheard.