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august 1969

Supreme Court of India · 1969-08-04

SHYAMAL CHAKRABORTY vs COMMISSIONER OF POLICE, CALCUTTA & ANR.

Citation / case number
SC 1969/60104
Court
Supreme Court of India
Petitioner
SHYAMAL CHAKRABORTY
Respondent
COMMISSIONER OF POLICE, CALCUTTA & ANR.
Bench
SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that under Section 3(2) of the Preventive Detention Act, 1950, it is obligatory for the Government to consider representations made by a detenu, but in this case, the detenu's representations were made after the Advisory Board had already dealt with the matter, thus no breach of Section 7 occurred. The Court clarified that acts constituting offences under the Indian Penal Code can affect public order only if they impact the community at large. The Court upheld the detaining authority's conclusion that the detenu's actions were likely to be prejudicial to public order, justifying the detention order.

SHYAMAL CHAKRABORTY vs COMMISSIONER OF POLICE, CALCUTTA & ANR. · Niyam