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may 1968

Supreme Court of India · 1968-05-02

HADIBANDHU DAS vs DISTRICT MAGISTRATE, CUTTACK & ANR.

Citation / case number
SC 1968/60181
Court
Supreme Court of India
Petitioner
HADIBANDHU DAS
Respondent
DISTRICT MAGISTRATE, CUTTACK & ANR.
Author
SHAHC.,RAMASWAMI, V.,BHARGAVA, VISHISHTHA,VAIDYIALINGAM, C.A.,GROVER, A.N.
Bench
SHAH, J.C.,RAMASWAMI, V.,BHARGAVA, VISHISHTHA,VAIDYIALINGAM, C.A.,GROVER, A.N.

Judgment text excerpt

The Supreme Court held that the order of detention issued under Section 3(1)(a)(ii) of the Preventive Detention Act, 1950 was invalid as the appellant was not provided with a translation of the order and grounds in a language he understood, violating his right to be informed under Section 7(1). Furthermore, the subsequent order dated January 28, 1968 was also invalid as it was not based on fresh facts post-revocation of the first order, contravening Section 13(2). The Court emphasized the necessity for the detaining authority to apply its mind to the statutory requirements, thereby ensuring the validity of detention orders.

HADIBANDHU DAS vs DISTRICT MAGISTRATE, CUTTACK & ANR. · Niyam