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FENDAN NARA
v.
STATE OF WEST BENGAL
May 3, 1974
48~·
[A. N. RAY CJ., K. K. MATHEW, A. ALAGJRISWAMI, P. K. GOSWAMI
AND R. S. SARKARIA, JJ .]
The Maintenance of Internal Security .4ct, 1971-Ss. 3(1), 13-;-Constitution
of India, Art. 22(?)(b)-Detention for maximun1 period-Validity of detention-
Application of 1nind as to the period of detention.
The petitioner challenged the order of detention on the ground that the autho~
rities fixed the maximum period of detention without applying their mind as to.
the period of detention.
HELD· : (i) The order of detention does no! suffer from any constitutiorial
infirmity.
The authorities have applied their mind while
detaining for
the
maximun1 period mentiont:d in the <:.tatu c-.
This Cou t has ho.;!· d in l'lI!Nt Shaw
v. State of West Bengal that the maximum period mentioned in section 13 of
the Act as amended by section 6(d) of the Defence of India Act, 1971, is a
consti'.utionally valid provision.
[484B; 483G]
Fagu Shaw v. The State of West Bengal, A.I.R. 1974 S.C. 613 followed.
ORIGINAL JURISDICTION : Writ Petition No. 2053 of 1973.
Petition under Article 32 of the Constitution of India.
Shiv Pujan Singh, for the petitioner.
The Judgment of the Court was delivered by
RAY, C.J.
The petitioner in a writ petition under Article 32 of
the Constitution challenges the order of detention dated 15
March,
1973.
The order is : 'in exercise of the powers conferred by sub-section
( 1) read with sub-section (2)
of s·oction 3 of the Maintenance of
Internal Security Act "hereinafter referred to as the Act" directing
the petitioner to be detained'".
The petitioner challenges the order on the ground that it is the
duty of the authority to fix the period of detention after carefully
examining the circumstances requiring
detention.
The
petitioner
submits that the authorities have bodily lifted the section fixing the
maximum period without applying their mind as to the period of
detention.
This Court in Fagu Shaw
etc. v. The State
of West
Bn1ua!
A.I.R. 1974 S.C. 613 held that the maximum period men'ioned
in section 13 of the Act as amended by section 6 ( d) of the Defence
of India Act, 1971 is a constitutionally valid provision.
That section states that the maximum period
for
which
any
person can be detained in pursuance of any detention which has been
confirmed under section 12 shall be 12 months from the date of
detention or until the expiry of the Defence of India Act whichever
is later.
SUPREME COURT REPORTS
(1975] 1 s.c.R.
This Court construed section 13 of the Act to be
valid
with
reference to Article 22(7)(b) of the Constitution.
The
maximum
period under Article 22(7)(b) can be fixed with reference to the
duration of an ~mergency. The expiry of the Defence of India Act
is dependent upon the revocation of emergency. The duration
of
maximum period of detention with reference to an event like
tlie
cessation of the period of emergency is not indefinite.
The order of detention in the present case does not suffer from
any constitutional infirmity.
The authorities have applied
their
mind.
The authorities have detained for the maximum period men-
tioned in the statute.
The petition is dismissed.
K.B.N.
Petition dismissed.
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