SHER MOHAMMAD @ SERU versus THE STATE OF WEST BENGAL

SHER MOHAMMAD @ SERU versus THE STATE OF WEST BENGAL

Communication to Central Government under s. 3(4) of MISA must be within seven days after approval by State Government. In this case, communication was made before State Government's approval and therefore not in strict compliance. The procedural safeguard having been infringed, the detention order is invalid.

Parties
Petitioner: Sher Mohammad @ Seru; Respondent: The State of West Bengal
Jurisdiction
India
Judgment Date
08 January 1975
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition allowed
Legal Topics
Detention, Procedural Safeguards, Maintenance of Internal Security Act
Constitutional Law Criminal Law Detention Procedural Safeguards Maintenance of Internal Security Act

Case Brief

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Parties

Sher Mohammad @ Seru

Petitioner

The State of West Bengal

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether communication of District Magistrate's order by State Government to Central Government before approval by State Government complies with statutory requirement under s. 3(4) of MISA

Ratio Decidendi

Communication to Central Government under s. 3(4) of MISA must be within seven days after approval by State Government. In this case, communication was made before State Government's approval and therefore not in strict compliance. The procedural safeguard having been infringed, the detention order is invalid.

Court Disposition

Petition allowed

Orders

  • Rule made absolute
  • Order of detention invalid