Supreme Court of India · 1974-04-29
PRADIP KUMAR DAS & ORS. vs STATE OF WEST BENGAL & ORS.
- Citation / case number
- SC 1973/60200
- Court
- Supreme Court of India
- Petitioner
- PRADIP KUMAR DAS & ORS.
- Respondent
- STATE OF WEST BENGAL & ORS.
- Bench
- RAY, A.N. (CJ),MATHEW, KUTTYIL KURIEN,ALAGIRISWAMI, A.,GOSWAMI, P.K.,SARKARIA, RANJIT SINGH
Judgment text excerpt
The Supreme Court ruled that the second order of detention under Section 3(1) and Section 3(2) of the Maintenance of Internal Security Act, 1971, was illegal as it was based on the same grounds and facts as the first order, which had expired due to lack of confirmation within three months as per Section 14(2). The Court emphasized that the principles established in Haribandhu Das v. District Magistrate and Masood Alam's case apply, asserting that a fresh detention order cannot be issued on the same grounds if the initial order is invalid. Consequently, the Court held that the second detention order was void and must be quashed.