1974 (9) TMI 121 - SC - Indian Laws

Summary

Issues: Validity of detention order under the Maintenance of Internal Security Act.

In this case, the petitioner challenged the validity of the detention order made by the District Magistrate under Section 3 of the Maintenance of Internal Security Act. The ground of detention served on the detenu was related to an incident of theft of food grain from a railway yard. The petitioner argued that the material communicated to the detenu was deficient and vague, depriving him of the right to make an effective representation. The State contended that the communication of grounds of detention was sufficient and that the court cannot review the subjective satisfaction of the detaining authority. The court analyzed the constitutional and legal provisions regarding the communication of grounds of detention to the detenu.

The court held that while the Constitution and the Act do not explicitly mention 'particulars' or 'facts' to be communicated, the grounds of detention must include all basic facts and material particulars that influenced the detaining authority. The court emphasized that the detenu should be provided with all factual constituents of the grounds on which the detention order is based, unless against public interest. The court stated that it is the duty of the court to ensure that no one's liberty is taken away except in accordance with the prescribed procedure.

The court examined additional material, such as the History sheet and the contents of the F.I.R., which were not communicated to the detenu but were considered by the detaining authority in making the detention order. This lack of communication rendered the solitary ground communicated to the detenu insufficient for effective representation. Consequently, the court quashed the detention order, declaring it illegal, and ordered the petitioner's immediate release.