9911796707
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Issues:
1. Denial of personal hearing before the Advisory Board 2. Lack of application of mind by Chief Minister in making detention order 3. Delay in referring the case to the Advisory Board 4. Allegations of mala fide actions by authorities 5. Vagueness and indefiniteness of grounds for detention 6. Validity of detention under Section 13A 7. Allegations of solitary confinement Analysis: 1. Denial of Personal Hearing: The petitioner raised a contention regarding denial of a personal hearing before the Advisory Board. However, an affidavit affirmed that the petitioner did not request a personal hearing, and the Chief Minister did consider the case before making the detention order. Consequently, this contention was not pressed further. 2. Application of Mind by Chief Minister: The petitioner alleged that the Chief Minister did not apply his mind before issuing the detention order. The affidavit filed by the Secretary affirmed that the Chief Minister did consider the case. Hence, this contention was also not pursued. 3. Delay in Referring to Advisory Board: The petitioner argued that the delay in referring the case to the Advisory Board rendered the detention invalid. However, Section 13A allows detention for up to six months without Advisory Board opinion, and the petitioner was detained within this period. Thus, the delay did not affect the validity of detention. 4. Allegations of Mala Fide Actions: The petitioner claimed mala fide actions by the authorities in making the detention order. The court found no evidence to support this claim, as the mere issuance of a fresh order did not indicate mala fides. Lack of specifics in the petition failed to establish ill-will or collateral motives. 5. Vagueness of Grounds: The petitioner contended that the grounds for detention were vague and indefinite. However, the order specified that relevant facts were communicated, except those against public interest. The government's power to withhold such information was upheld, and the grounds were deemed sufficient. 6. Validity under Section 13A: The detention was challenged under Section 13A, which allows detention without Advisory Board opinion for up to six months. As the petitioner was detained within this period, the detention was deemed authorized under this provision. 7. Allegations of Solitary Confinement: The petitioner complained of solitary confinement during detention. The court emphasized that detention is not a form of punishment but a measure to safeguard the state's interests. The Constitution allows restrictions on liberty in exceptional cases, ensuring minimal curbs on individual freedom. In conclusion, the petition was dismissed as the court found no merit in the contentions raised by the petitioner. The detention was upheld as valid under the relevant legal provisions, and the allegations of mala fides and vagueness of grounds were not substantiated. The court clarified the distinction between detention and punishment, emphasizing the constitutional principles guiding such measures.
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