AJIT KUMAR KAVIRAJ vs THE DISTT. MAGISTRATE, BIRBHUM AND ANR.

The Supreme Court held that the order of detention under Section 3 of the Maintenance of Internal Security Act, 1971, was invalid due to the lack of clear and specific grounds communicated to the petitioner, which are necessary for making an effective representation. The Court emphasized that the detaining authority must apply its mind properly and comply with minimum legal requirements to protect the liberty of the citizen. The dismissal of the petition under Section 491 of the Criminal Procedure Code does not operate as res judicata in a subsequent application under Article 32 of the Constitution.