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august 1968

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.

BIDYA DEB BARMA ETC. vs DISTRICT MAGISTRATE, TRIPURA, AGARTALA · Niyam