Supreme Court of India · 1968-08-06
BIDYA DEB BARMA ETC. vs DISTRICT MAGISTRATE, TRIPURA, AGARTALA
- Citation / case number
- SC 1968/60173
- Court
- Supreme Court of India
- Petitioner
- BIDYA DEB BARMA ETC.
- Respondent
- DISTRICT MAGISTRATE, TRIPURA, AGARTALA
- Bench
- HIDAYATULLAH, M. (CJ),SHELAT, J.M.,BHARGAVA, VISHISHTHA,MITTER, G.K.,VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court interpreted 'forthwith' in Section 3(3) of the Preventive Detention Act, 1950, to mean a reasonable time during which the detaining authority could not report without fault. The Court held that the delay in reporting was justified due to holidays and urgent work. It further ruled that there is no requirement for the State Government to communicate its approval to the detenu, as the approval is merely administrative and does not affect the legality of the detention order. The Court emphasized that the detenu can only challenge the original detention, not the approval process.