ANAL CHANDRA BANARJEE versus THE STATE OF WEST BENGAL

ANAL CHANDRA BANARJEE versus THE STATE OF WEST BENGAL

Ground No. 3 of the grounds of detention was vague by reason of omission to mention the locality and the group involved, which prevented the petitioner from effectively making a representation; such vagueness renders preventive detention invalid.

Parties
Petitioner: Anal Chandra Banarjee; Respondent: The State of West Bengal
Jurisdiction
India
Judgment Date
02 February 1972
Procedural Posture
Writ Petition / Original Jurisdiction
Outcome
Petition allowed
Legal Topics
Preventive Detention, Vagueness of Detention Grounds, Right to Representation
Constitutional Law Criminal Law Preventive Detention Vagueness of Detention Grounds Right to Representation

Case Brief

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Parties

Anal Chandra Banarjee

Petitioner

The State of West Bengal

Respondent

Procedural Posture

Writ Petition / Original Jurisdiction

Legal Issues

  1. 1 Whether omission to mention locality and group in ground No. 3 renders the detention order invalid
  2. 2 Whether vagueness of grounds prevents effective representation by petitioner under preventive detention laws

Ratio Decidendi

Ground No. 3 of the grounds of detention was vague by reason of omission to mention the locality and the group involved, which prevented the petitioner from effectively making a representation; such vagueness renders preventive detention invalid.

Court Disposition

Petition allowed

Orders

  • Petitioner to be released from jail and set at liberty forthwith