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april 1974

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.

PRADIP KUMAR DAS & ORS. vs STATE OF WEST BENGAL & ORS. · Niyam