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.