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october 1973

Supreme Court of India · 1973-10-11

PRABHU DAYAL DEORAH ETC. ETC. vs THE DISTRICT MAGISRATE, KAMRUP & ORS.

Citation / case number
SC 1973/60326
Court
Supreme Court of India
Petitioner
PRABHU DAYAL DEORAH ETC. ETC.
Respondent
THE DISTRICT MAGISRATE, KAMRUP & ORS.
Bench
MATHEW, KUTTYIL KURIEN

Judgment text excerpt

The Supreme Court held that the detention orders under Section 3(2)(a) of the Maintenance of Internal Security Act, 1971, were invalid due to vagueness in the grounds of detention, violating Article 22(5) of the Constitution. The Court emphasized that a detenu must be provided with adequate particulars to make an effective representation against detention. The Court found that the lack of specific details regarding the alleged unauthorized milling and smuggling rendered the detention orders void, leading to the petitioners' release from custody.

PRABHU DAYAL DEORAH ETC. ETC. vs THE DISTRICT MAGISRATE, KAMRUP & ORS. · Niyam