1960 (1) TMI 49 - SC - Indian Laws

Summary

Issues Involved:

1. Validity of the detention order under the Preventive Detention Act, 1950.
2. Whether Pakistan is considered a foreign power under the Constitution of India.
3. Adequacy of the grounds of detention provided to the petitioner.
4. Alleged violation of principles of natural justice in the proceedings of the Advisory Board.

Detailed Analysis:

1. Validity of the detention order under the Preventive Detention Act, 1950:

The petitioner was detained by an order dated May 4, 1959, under s. 3 of the Preventive Detention Act, 1950. The grounds of detention were served on May 7, 1959, and his case was considered by the Advisory Board under s. 8 of the Act. The Central Government, based on the Advisory Board's report, directed the detention until May 4, 1960. The grounds for detention included five points indicating that the petitioner was likely to act prejudicially to the security of India and its relations with foreign powers. The petitioner argued that the grounds did not suggest incitement to violence or subversion, thus questioning the necessity of his detention.

2. Whether Pakistan is considered a foreign power under the Constitution of India:

The petitioner contended that Pakistan, being a member of the Commonwealth, should not be considered a foreign power as per Art. 367(3) of the Constitution and the Constitution (Declaration as to Foreign State) Order, 1950. The court clarified that while Pakistan is not a Foreign State for the purposes of the Constitution, it is a foreign power for other purposes. The Commonwealth nations have sovereign status and can have diplomatic relations independently. Thus, Pakistan is regarded as a foreign power in the context of s. 3 of the Preventive Detention Act, which includes relations with foreign powers.

3. Adequacy of the grounds of detention provided to the petitioner:

The petitioner argued that the grounds of detention were vague and did not provide sufficient particulars to make an effective representation. The court noted that the grounds included extracts from despatches sent by the petitioner to a newspaper in Pakistan, which were deemed sufficient to enable the petitioner to make a representation. The court found that the grounds were within the scope of the detention order and adequately detailed the petitioner's activities prejudicial to the security of India and its relations with foreign powers.

4. Alleged violation of principles of natural justice in the proceedings of the Advisory Board:

The petitioner claimed that the Advisory Board heard the respondent's case before his and in his absence, and that copies of further materials placed before the Advisory Board were not supplied to him. The court referred to s. 10 of the Act, which allows the Advisory Board to call for further information from the appropriate Government and then hear the detenue if necessary. The court found no violation of natural justice, as the procedure followed was in accordance with the Act. Additionally, the court noted that the respondent's affidavit did not admit to any such procedural irregularities.

The court also addressed the issue of non-disclosure of certain facts, which was justified under Art. 22(6) of the Constitution, allowing the authority to withhold information if it is against public interest. The petitioner's claim was dismissed on these grounds.

Conclusion:

The petition was dismissed, upholding the validity of the detention order under the Preventive Detention Act, 1950. The court affirmed that Pakistan is considered a foreign power for the purposes of the Act, the grounds of detention were adequately detailed, and there was no violation of principles of natural justice in the proceedings of the Advisory Board.