Supreme Court of India · 1964-07-23
BIREN DUTTA AND OTHERS vs CHIEF COMMISSIONER OF TRIPURA AND ANOTHER
- Citation / case number
- SC 1964/90254
- Court
- Supreme Court of India
- Petitioner
- BIREN DUTTA AND OTHERS
- Respondent
- CHIEF COMMISSIONER OF TRIPURA AND ANOTHER
- Bench
- GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the continuation of detention beyond six months under Rule 30A(8) of the Defence of India Rules, 1962, must be recorded in writing and communicated to the detenu, failing which it is invalid. The Court found that the order did not comply with the provisions of the Rule, and thus the detention of the appellants and petitioners was illegal. The Court ordered their release, emphasizing that subsequent reviews could not validate an illegal detention.