MAKHAN SINGH TARSIKKA versus THE STATE OF PUNJAB

MAKHAN SINGH TARSIKKA versus THE STATE OF PUNJAB

The fixing of the period of detention in the initial order prior to reference to the Advisory Board is contrary to the scheme of the Act, cannot be supported, and prejudices fair consideration by the Advisory Board. Procedure established by law must be strictly followed.

Parties
Petitioner: Makhan Singh Tarsikka; Respondent: The State of Punjab
Jurisdiction
India
Judgment Date
10 December 1951
Procedural Posture
Petition Under Article 32 of the Constitution for a Writ of Habeas Corpus / Final Judgment Delivered
Outcome
Petition allowed
Legal Topics
Preventive Detention, Personal Liberty, Habeas Corpus
Constitutional Law Criminal Law Preventive Detention Personal Liberty Habeas Corpus

Case Brief

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Parties

Makhan Singh Tarsikka

Petitioner

The State of Punjab

Respondent

Procedural Posture

Petition Under Article 32 of the Constitution for a Writ of Habeas Corpus / Final Judgment Delivered

Legal Issues

  1. 1 Whether the detention order specifying a fixed period in the initial order is illegal under the Preventive Detention Act as amended 1951
  2. 2 Whether procedure established by law relating to personal liberty was strictly followed

Ratio Decidendi

The fixing of the period of detention in the initial order prior to reference to the Advisory Board is contrary to the scheme of the Act, cannot be supported, and prejudices fair consideration by the Advisory Board. Procedure established by law must be strictly followed.

Court Disposition

Petition allowed

Orders

  • Petitioner released from detention