JAGDISH PRASAD versus THE STATE OF BIHAR AND ANOTHER

JAGDISH PRASAD versus THE STATE OF BIHAR AND ANOTHER

The detaining authority's order was cumulative, not alternative, and detailed grounds relating to supplies and services essential to the community were communicated. The particulars furnished in the case provided a rational inference regarding prejudice to both supplies and services, and technical distinctions between supplies and services do not render the order invalid in the statutory context. Thus, the detention order is legally valid.

Parties
Petitioner: Jagdish Prasad; Respondent: The State of Bihar; Respondent: Another
Jurisdiction
India
Judgment Date
13 February 1974
Procedural Posture
Writ Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Preventive Detention, Maintenance of Supplies and Services, Habeas Corpus, Subjective Satisfaction of Detaining Authority
Constitutional Law Criminal Law Detention Law Preventive Detention Maintenance of Supplies and Services Habeas Corpus Subjective Satisfaction of Detaining Authority

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Parties

Jagdish Prasad

Petitioner

The State of Bihar

Respondent

Another

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether the detention order under Section 3(1)(a)(iii) of the Maintenance of Internal Security Act, 1971 is invalid for lack of clarity between 'supplies' and 'services'.
  2. 2 Whether particulars furnished relate only to supplies and not to services and thus render the order illegal.

Ratio Decidendi

The detaining authority's order was cumulative, not alternative, and detailed grounds relating to supplies and services essential to the community were communicated. The particulars furnished in the case provided a rational inference regarding prejudice to both supplies and services, and technical distinctions between supplies and services do not render the order invalid in the statutory context. Thus, the detention order is legally valid.

Court Disposition

petition dismissed

Orders

  • Petition dismissed.